|
STATE OF LOUISIANA
<br /> ...g woj DEPARTMENT OF STATE CIVIL SERVICE
<br /> s
<br /> $ '(�j `9i__ LOUISIANA BOARD OF ETHICS
<br /> .. �'{;;;,, I'„n v P.O. BOX 4368
<br /> e" ,1,,� BATON ROUGE,LA 70821
<br /> °+ (225)219-5600
<br /> • ,`~.n°°
<br /> FAX (225)381-7271
<br /> 1-800-842-6630
<br /> wwwethicsstatela.us
<br /> October 22, 2013
<br /> Brian L. Young, Sr.
<br /> P.O. Box 66
<br /> Addis, LA 70710
<br /> Re: Ethics Board Docket No.2013-1256
<br /> Dear Mr. Young:
<br /> The Louisiana Board of Ethics, at its October 18, 2013 meeting, considered your request for an
<br /> advisory opinion concerning post-employment restrictions that would apply to you as a former
<br /> employee with the Governor's Office of Homeland Security and Emergency Preparedness
<br /> (GOHSEP). You stated that you retired from GOHSEP in September, 2012, after working as a
<br /> Disaster Recovery Specialist since April, 2007. Your job duties included coordinating with sub-
<br /> grantees to ensure compliance with all public assistance program requirements and timely project
<br /> closeouts, reviewing grant documentation for completeness and compliance with federal and
<br /> state guidelines, and submitting complete requests for reimbursement in accordance with
<br /> programmatic guidelines. You also stated that you are now considering accepting an
<br /> employment opportunity with GCR, Inc. as a Closeout Specialist. Your duties with GCR, Inc.
<br /> would include closing out FEMA grants awarded to grantees in Louisiana, conducting site visits,
<br /> performing audit reviews for grantees to ensure compliance with laws, rules and regulations
<br /> relating to specific FEMA project worksheets. Finally, you provided further information that all
<br /> projects that you worked on while employed with GOHSEP are closed and neither you nor GCR,
<br /> Inc. will be assisting with them.
<br /> The Board concluded and instructed me to inform you that the Code of Governmental Ethics
<br /> would not prohibit you from being employed as a Closeout Specialist with GCR, Inc. Section
<br /> 1121B(1) of the Code of Governmental Ethics states that no former public employee shall, for a
<br /> period of two years following the termination of his public employment, assist another person,
<br /> for compensation, in a transaction, or in an appearance in connection with a transaction in which
<br /> such former public employee participated at any time during his public employment and
<br /> involving the governmental entity by which he was formerly employed. Section 1102 (16)
<br /> defines "person" as an individual or legal entity other than a governmental entity, or an agency
<br /> thereof. Section 1121B(1) goes on to prohibit a former public employee, for a period of two
<br /> years following the termination of his public employment, from rendering any service which
<br /> such former publicemployee had rendered to the agency during the term of his employment on a
<br /> contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with
<br /> which he was formerly employed. Section 1121C prohibits any entity in which you are an
<br /> officer, director, trustee, partner, or employee for a period of two years following the termination
<br /> of your public employment, from assisting another person, for compensation, in a transaction or
<br /> in an appearance in connection with a transaction in which you participated at any time during
<br /> your public employment and which involves your former public employer. Because you will not
<br /> be providing the same services under contract to GOHSEP and neither you nor CGR, Inc. will be
<br /> assisting another person for compensation in transactions in which you participated while
<br /> employed by GOHSEP, the post-employment restrictions found in Section 1121 of the Code
<br /> would not apply.
<br /> AN EQUAL OPPORTUNITY EMPLOYER
<br />
|