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Entry Properties
Last modified
4/1/2024 8:43:02 AM
Creation date
9/12/2023 10:19:47 AM
Metadata
2023-615
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-615
Requesting Party
Rachel Haney
Parties Involved
HDR Engineering, Inc.
Coastal Protection and Restoration Authority
Agency at Issue
Coastal Protection and Restoration Authority
Decision Date
9/8/2023
Law
La. R.S. 42:1121B
Caption
The Code of Governmental Ethics prohibits Rachel Haney, for a period of two years following termination of her employment with the Coastal Protection and Restoration Authority, from assisting HDR Engineering in a transaction in which she participated while employed with the Coastal Protection and Restoration Authority.
Ethics Subject Matters
Post Employment
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La. R.S. 42:1102(18)(x) 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(23) defines "transaction involving the governmental entity" to mean any <br /> proceeding, application, submission, request for a ruling or other determination, contract, claim, <br /> case, or other such particular matter which the public servant or former public servant of the <br /> governmental entity in question knows or should know: (a) Is, or will be, the subject of action by <br /> the governmental entity. (b)Is one to which the governmental entity is or will be a party. (c)Is one <br /> in which the governmental entity has a direct interest. <br /> ANALYSIS <br /> As an employee of CPRA,you were a public employee pursuant to La. R.S.42:1102(18)(a). Your <br /> agency was CPRA,pursuant to La. R.S. 42:1102(2)(a). <br /> As you were not an agency head, the post-employment restrictions of La. R.S. 42:1121B shall <br /> apply. Accordingly, for a period of two years after your termination of service to the CPRA, you <br /> may not assist HDR, for compensation, in a transaction with CPRA, or in an appearance in <br /> connection with a transaction with CPRA in which you participated at any time during your <br /> employment with CPRA. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics <br /> would prohibit you from assisting HDR in atransaction involving CPRA in which you participated <br /> while you were employed by CPRA. <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 meat (800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Charles E. Reeves,Jr. <br /> For the Board <br /> Page 2 of 2 (BD 2023-615) <br />
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