2025-459 - Laserfiche WebLink

La. R.S 42:1102(12) "Governmental entity" means the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be. La. R.S 42:1102(15) "Participate"to mean to take part in or to have responsibility for action of a governmental entity or proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty. La. R.S. 42:1102(18)(a). "Public employee" means anyone,whether compensated or not, who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office. (ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof. (iii)Engaged in the performance of a governmental function. (iv) Under the supervision or authority of an elected official or another employee of the governmental entity. ANALYSIS As a part-time entomologist for the District,Mr. Faget is a public employee as defined by La. R.S. 42:1102(18)(a). Mr. Faget's agency is the District pursuant to La. R.S. 42:1102(2)(a). La. R.S. 42:1121B prohibits Mr. Faget, for a period of two years following the date of his termination, from assisting a company for compensation involving a transaction with the District in which he participated or from rendering the same services to the District that he provided while employed through any contract. Therefore Mr. Faget would be prohibited from rendering pilot services under a contract for two years following the termination of his employment since he rendered such services to the District during his public service. CONCLUSION The Louisiana Board of Ethics concluded, and instructed me to inform you, that the Code of Governmental Ethics prohibits Mr. Faget from becoming a contract pilot within two years of the termination of his public service with the District. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control Law. Page 2 of 3 (BD 2025-459)