Louisiana state seal Louisiana Ethics Administration Program
Home Charges Search EAB Decisions Search
La.R.S.42:1102(2)(a)(vi)defines"agency"to mean, for public servants of political subdivisions, <br /> it shall mean the agency in which the public servant serves, except that for members of any <br /> governing authority and for the elected or appointed chief executive of a governmental entity, it <br /> slial l mean the governmental entity.Public servants of political subdivisions shall include,but shall <br /> not be limited to, elected officials and public employees of municipalities, parishes, and other <br /> political subdivisions; sheriffs and their employees; district attorneys and their employees; <br /> coroners and their employees; and clerks of court and their employees. <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. 1R.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 /> ANALYSIS <br /> Asan employee of CPRA,you were a"public employee",pursuant to La.R.S.42:1102(18). CPRA <br /> was your agency, pursuant to La. R.S. 42:1102(2)(a)(vi), and you were not an "agency head" <br /> pursuant to La. R.S. 42:1102(3). <br /> As you were not an agency head, the post-employment restrictions of La. R.S. 42:1121B shall <br /> apply. La. R.S. 42:1121B prohibits employees, for a period of two years, from assisting another <br /> person, for compensation, in a transaction in which such former public employee participated <br /> during his public employment. This provision prohibits you from assisting the Company in <br /> projects that you worked on while at CPRA,but does not prohibit you from assisting the Company <br /> iR matters relating to CPRA in which you had no involvement while at CPRA. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that the Code prohibits you, for a period <br /> of two years, from assisting the Company in matters in which you participated while at CPRA. <br /> The Code does not prohibit you from assisting the Company in matters relating to CPRA in which <br /> you had no involvement while at CPRA. <br /> Changes to the facts as presented may result in a different application of the provisions of the <br /> Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to <br /> laws other than the Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure <br /> Act,the Lobbyist Disclosure Acts,and the conflict of interest provisions contained in the Louisiana <br /> Garaing Control Law. <br /> Page 2 of 3 (BD 2025-549) <br />