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ANALYSIS
<br /> Pursuant to La.R.S.42:1102(2)(a)(i),the former agency of Mrs.Carter,Ms.Campo,and Ms.Jones
<br /> is OCD's Policy and Planning Division, which is the smallest organizational unit wherein they
<br /> carried out their primary responsibilities as Executive Director. La. R.S. 42:1121(B)provides that
<br /> no former public employee shall, for a period of two years following the termination of his public
<br /> employment, assist another person, for compensation, in a transaction, or in an appearance in
<br /> connection with a transaction in which such former public employee participated at any time
<br /> during his public employment and involving the governmental entity by which he was formerly
<br /> employed,or for a period of two years following the termination of his public employment,render,
<br /> any service which such former public employee had rendered to the agency during the term of his
<br /> public employment on a contractual basis, regardless of the parties to the contract, to, for, or on
<br /> behalf of the agency with which he was formerly employed. While employed in the Policy and
<br /> Planning Division of the OCD, Mrs. Carter, Ms. Campo, and Ms. Jones were involved with the
<br /> design,planning,and policy support of the CDBG-MIT Programs,prior to OCD's award of grants
<br /> under the Programs.
<br /> Grant Management Services are responsibilities undertaken by the Implementation Division of the
<br /> OCD. Mrs. Carter, Ms. Campo, and Ms. Jones did not participate in the provision of grant
<br /> management services while OCD Policy and Planning Division employees. Furthermore, Mrs.
<br /> Carter, Ms. Campo, and Ms. Jones did not participate in the confection of the CEA between PLD
<br /> and OCD. As a result, La. R.S. 42:1121(B)would not prohibit Mrs. Carter, Ms. Campo, and Ms.
<br /> Jones from rendering grant management services through Desire Line.
<br /> La. R.S. 42:1121(C) provides that no legal entity in which a former public servant is an officer,
<br /> director, trustee,partner, or employee shall, for a period of two years following the termination of
<br /> his public service, assist another person, for compensation, in a transaction, or in an appearance in
<br /> connection with a transaction in which such public servant at any time participated during his
<br /> public service and involving the agency by which he was formerly employed or in which he
<br /> formerly held office. La. R.S. 42:1102(16) dictates that PLD is not a"person," as defined by the
<br /> Code. Therefore,La.R.S.42:1121(C)would not prohibit Desire Line from entering into a contract
<br /> with PLD for the provision of grant management services.
<br /> CONCLUSION
<br /> The Board concluded, and instructed me to inform you,that based on the facts presented,the Code
<br /> does not prohibit Desire Line LLC from entering into a contract with the Pontchartrain Levee
<br /> District to provide grant management services.
<br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as
<br /> presented may result in a different application of the provisions of the Louisiana Code of
<br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the
<br /> Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist
<br /> Disclosure Act, and the conflict of interest provisions contained in the Louisiana Gaming Control
<br /> Law. If you have any questions,please contact me at(800) 842-6630 or(225) 219-5600.
<br /> Page 3 of 4
<br /> Docket No.2022-323
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