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2022-846
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Entry Properties
Last modified
4/1/2024 8:40:52 AM
Creation date
12/7/2022 10:33:01 AM
Metadata
2022-846
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-846
Requesting Party
Leah Tatum
Parties Involved
Orion Laboratories
Agency at Issue
Office of Public Health
Decision Date
12/2/2022
Law
La. R.S. 42:1121B
La. R.S. 42:1121C
La. R.S. 42:1102(2)(a)(i)
La. R.S. 42:1102(3)
La. R.S. 42:1102(18)(a)
La. R.S. 42:1102(19)
Caption
The Code of Governmental Ethics would not prohibit Leah Tatum, an employee of the Office of Public Health, from being hired by Orion as Vice President of Clincial Operations.
Ethics Subject Matters
Post Employment
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public service and involving the agency by which he was formerly employed or in which he <br /> formerly held office. <br /> La.R.S.42:1102(2)(a)(i)defines"agency"for public servants in the twenty principal departments <br /> of the executive branch of state government,to mean the office in which such public servant carries <br /> on his primary responsibilities. <br /> La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer <br /> of an agency or any member of a board or commission who exercises supervision over the agency <br /> La. R.S. 42:1102(18)(a) defines"public employee"to mean any person, whether compensated or <br /> not who is: (i) an administrative officer or official of a governmental entity who is not filling an <br /> elective office; (ii) appointed by any elected official when acting in an official capacity, and the <br /> appointment is to a post or position wherein the appointee is to serve the governmental entity or <br /> an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the <br /> performance of a governmental function; (iv) under the supervision or authority of an elected <br /> official or another employee of the governmental entity. <br /> La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official. <br /> ANALYSIS <br /> As an employee of OPH, you are a public employee under La. R.S. 42:1102(18)(a). Accordingly, <br /> you are also considered a public servant pursuant to La. R.S. 42:1102(19). Your agency is OPH, <br /> pursuant to La. R.S. 42:1102(a). As a Program Manager IA, you report directly to Program <br /> Manager 113, and you are not considered an "agency head," pursuant to La. R.S. 42:1102(3). <br /> Accordingly, the post-employment restrictions contained in La. R.S. 42:1121B shall apply. <br /> La. R.S. 42:1121 B prohibits you, for a period of two years, from assisting Orion in any transaction <br /> in which you participated during your employment with OPH. This provision also prohibits you <br /> from rendering services on a contractual basis to or for OPH. Based on the facts provided,you will <br /> not be assisting Orion in any transactions with OPH, and are not rendering any services to, for, or <br /> on behalf of OPH. <br /> If you are hired as an officer of Orion, pursuant to La. R.S. 42:1121 C, Orion would be prohibited <br /> from assisting any other person in a transaction with OPH in which you had previously participated <br /> while employed with OPH. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you,that the Code would not prohibit you from <br /> being hired by Orion as Vice President of Clinical Operations. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Louisiana Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the <br /> Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist <br /> Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control <br /> Law. If you have any questions, please contact me at (800) 842-6630 or (225) 219-5600. <br /> Page 2 of 3 (BD 2022-846) <br />
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