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Last modified
7/12/2021 1:37:22 PM
Creation date
11/24/2014 4:25:33 PM
Metadata
2014-1279
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2014-1279
Requesting Party
Vincent G. Russo, Jr.
Parties Involved
Vincent G. Russo, Jr.
Louisiana Department of Transportation and Development
Office of Engineering
Decision Date
11/21/2014
Law
R.S. 42:1121B(1)
R.S. 42:1121C
Caption
Advisory opinion that the Code of Governmental Ethics does not prohibit an employee of the Office of Engineering with the Louisiana Department of Transportation and Development (DOTD), upon his retirement from DOTD, and for a period of two years following termination of his employment with DOTD, from seeking employment with an engineering consultant firm or as an independent contractor provided he only receives compensation for services on projects in which he did not participate while empoyed by DOTD. Further, his future employer is prohibited, for two years following the employment of the former DOTD employee, from assisting its clients, for compensation, in transactions in which the former DOTD employee participated while employed at DOTD.
Ethics Subject Matters
Post Employment
Prohibited Transactions
Participation
Prohibited Contracts
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STATE OF LOUISIANA <br /> DEPARTMENT OF STATE CIVIL SERVICE <br /> LOU�� <br /> ,)1 LOUISIANA BOARD OF ETHICS <br /> 7. <br /> P.O.BOX 4368 <br /> 144.41+.' BATON ROUGE,LA 70821 <br /> (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.la.us <br /> November 24, 2014 <br /> Mr. Vincent G. Russo, Jr. <br /> 306 Plantation Ridge Drive <br /> Baton Rouge,La. 70810 <br /> Re: Ethics Board Docket No.2014-1279 <br /> Dear Mr. Russo: <br /> The Louisiana Board of Ethics, at its November 21, 2014 meeting, considered your request for an <br /> advisory opinion regarding whether Section 1121B(1)of the Code of Governmental Ethics(Code) <br /> would prohibit you, after you retire, from the Louisiana Department of Transportation and <br /> Development (DOTD), on January 3, 2015, from seeking employment with an engineering <br /> consulting firm or as an independent contractor.You are currently employed by DOTD as a Special <br /> Assistant in the Office of Engineering. You stated that in your position as Special Assistant you do <br /> not supervise or evaluate employees. <br /> The Board concluded,and instructed me to advise you that,Section 1121B(1)of the Code would not <br /> prohibit you from seeking employment with an engineering consultant firm or as an independent <br /> contractor provided you only receive compensation for your services on projects that you did not <br /> participate in while you were employed with DOTD. Section 1121B of the Code prohibits a former <br /> public servant for a period of two years following the termination of their public service from <br /> assisting another person for compensation in transactions with his former agency that he participated <br /> in at any time during his public service or render any service which such former public servant <br /> rendered to the agency during the term of his employment on a contractual basis to his former <br /> agency. The Board instructed me to caution you that within two years of the termination of your <br /> public service you are prohibited from receiving any compensation for services rendered on any <br /> project in which you participated in while employed by DOTD. Further,you are prohibited for two <br /> years from contracting with, DOTD, Office of Engineering to provide the same services you <br /> provided during your public service. <br /> Further, the Board requests that you inform your new employer that it is prohibited under Section <br /> 1121C,for the same two year period,from assisting its clients,for compensation,in transactions in <br /> which you participated while you were an employee of the DOTD. Section 1121C provides that no <br /> legal entity in which a former public servant is an officer, director, trustee, partner, or employee <br /> shall,for a period of two years following the termination of his public service,assist another person, <br /> for compensation, in a transaction, or in an appearance in connection with a transaction in which <br /> such public servant at any time participated during his public service and involving the agency by <br /> which he was formerly employed or in which he formerly held office. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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