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2023-1004
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Entry Properties
Last modified
3/6/2024 10:27:59 AM
Creation date
1/10/2024 1:06:57 PM
Metadata
2023-1004
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-1004
Requesting Party
Harry Vorhoff
Agency at Issue
Governor's Office of Coastal Activities
Decision Date
1/5/2024
Law
La. R.S. 42:1121B
Caption
The Code of Governmental Ethics prohibits Harry Vorhoff, for a period of two years following the termination of his employment with the Governor's Office of Coastal Activities, from assisting persons in transactions involving the State if he participated in those transactions while employed by the State, and from rendering the same services back to the Governor's Office of Coastal Activities through a contractual relationship.
Ethics Subject Matters
Post Employment
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La. R.S. 42:1102 provides the following relevant definitions: <br /> (4) "Assist" means to act in such a way as to help, advise, furnish information to, <br /> or aid a person with the intent to assist such person. <br /> (15) "Participate"means to take part in or to have or share responsibility for action <br /> of a governmental entity or a proceeding, personally, as a public servant of the <br /> governmental entity,through approval,disapproval,decision,recommendation,the <br /> rendering of advice, investigation, or the failure to act or perform a duty. <br /> (16) "Person"means an individual or legal entity other than a governmental entity, <br /> or an agency thereof. <br /> (23) "Transaction involving the governmental entity" means any proceeding, <br /> 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 <br /> servant of the governmental entity in question knows or should know: (a) Is, or will <br /> be, the subject of action by the governmental entity; (b) Is one to which the <br /> governmental entity is or will be a party;(c)Is one in which the governmental entity <br /> has a direct interest. <br /> AGENCY& GOVERNMENTAL ENTITY <br /> La. R.S. 42:1102(18)defines public employee"to mean anyone,whether compensated or not,who <br /> is: (ii) Appointed by any elected official when acting in an official capacity, and the appointment <br /> is to a post or position wherein the appointee is to serve the governmental entity or an agency <br /> thereof, either as a member of an agency, or as an employee thereof. Based on your appointment <br /> as an employee of the Governor's Office, you were a public employee pursuant to La. R.S. <br /> 42:1102(18). <br /> La. R.S. 42:1102(2)(a)(iii) defines "agency" for public servants in the office of the governor to <br /> mean their respective offices.As such, your agency for purposes of the Code was the Governor's <br /> Office of Coastal Activities pursuant to La. R.S. 42:1102(2)(a)(iii). <br /> La. R.S. 42:1102(12) defines "governmental entity"to mean the state or any political subdivision <br /> which employs the public employee or employed the former public employee.As an employee of <br /> the State of Louisiana, your governmental entity was the State of Louisiana pursuant to La. R.S. <br /> 42:1102(12). <br /> ISSUE NO. I-OFFSHORE WIND STRATEGIC PLANNING <br /> As part of your public duties, you provided feedback and input relative to a legislative <br /> appropriation that the Louisiana Department of Natural Resources ("LDNR") received this fiscal <br /> year for offshore wind strategic planning. You also participated in meetings and discussions and <br /> provided input on a Request for Information to contract to create an offshore wind strategic plan. <br /> Page 2 of 4 (BD 2023-1004) <br />
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