2025-513 - Laserfiche WebLink

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. La. R.S. 42:1102(19) defines "public servant"to mean a public employee or elected official. ANALYSIS As the Motor Vehicle Manager I for OMV, Ms. Evans was a public employee pursuant to La. R.S. 42:1102(18),and a public servant pursuant to La. R.S. 42:1102(19). Ms. Evans agency was OMV Speailized Plate Unit pursuant to La. R.S. 42:1102(2)(a). La. R.S. 42:1121B prohibits her, for a period of two years following her date of retirement, from assisting Essential for compensation involving a transaction with her former agency in which she participated while employed with OMV. Additionally, she is prohibited from rendering the same services she rendered to OMV while employed through any contract between Essential and OMV. However, it appears Ms. Evans will be performing new services for Essential and in which she did not participate in while employed by OMV. CONCLUSION The Louisiana Board of Ethics concluded, and instructed me to inform you, that the Code of Governmental Ethics does not prohibit Ms. Evans from being lured as a Title Clerk with Essential within two years of the termination of her employment with OMV. 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. If you have any questions, please contact me at(800) 842-6630 or(225) 219-5600. Page 2 of 3 (BD 2025-513)