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2022-745
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Entry Properties
Last modified
4/1/2024 8:40:37 AM
Creation date
12/5/2022 10:50:49 AM
Metadata
2022-745
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-745
Requesting Party
Vincent Latino, Jr.
Parties Involved
DOTD
Vincent Latino, Jr.
Agency at Issue
Office of Operations, DOTD
Decision Date
12/2/2022
Law
La. R.S. 42:1121A(1)
La.R.S. 42:1121B(1)
La. R.S. 42:1102(2)(a)
La. R.S. 42:1102(3)
Caption
The Code of Governmental Ethics prohibits Vincent Latino, Jr., for a period of two years following his retirement date with the Office of Operations, from assisting another person, for compensation, in a transaction involving the Office of Operations or from rendering any service on a contractual basis to the Office of Operations.
Ethics Subject Matters
Post Employment
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• Meeting with DOTD Project Managers in the Office of Engineering, Office of Planning, <br /> Office of Multimodal Commerce, and/or Office of Operations to discuss the firm's <br /> performance on existing contracts and the firm's performance on future contracts. <br /> The essential duties of a management-type position would include: <br /> • Leading, managing, and supervising conflating staff performing engineering and related <br /> service contracts for contracts managed by DOTD staff within the Office of Engineering, <br /> Office of Planning, Office of Multimodal Commerce, and/or Office of Operations. <br /> LAW <br /> La. R.S. 42:1121A(1) provides that no former agency head or elected official shall, for a period <br /> of two years following the termination of his public service as the head of such agency or as an <br /> elected public official serving in such agency, assist another person, for compensation, in a <br /> transaction, or in an appearance in connection with a transaction, involving that agency or render <br /> any service on a contractual basis to or for such agency. <br /> La. R.S. 42:1121B(1) provides that no former public employee shall, for a period of two years <br /> following the termination of his public employment, assist another person, for compensation, in a <br /> transaction, or in an appearance in connection with a transaction in which such former public <br /> employee participated at any time during his public employment and involving the governmental <br /> entity by which he was formerly employed, or for a period of two years following termination of <br /> his public employment, render, any service which such former public employee had rendered to <br /> the agency during the term of his public employment on a contractual basis, regardless of the <br /> parties to the contract,to, for, or on behalf of the agency with which he was formerly employed. <br /> La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, <br /> commission,board,committee,or other organizational unit of a governmental entity.For purposes <br /> of this Chapter, "agency of the public servant" and "his agency" when used in reference to the <br /> agency of a public servant shall mean: <br /> (i) For public servants in the twenty principal departments of the executive branch of state <br /> government,the office in which such public servant carries out his primary responsibilities;except <br /> that in the case of the secretary, deputy secretary, or undersecretary of any such department and <br /> officials carrying out the responsibilities of such department officers it shall mean the department <br /> in which he serves; and except that in the case of public servants who are members or employees <br /> of a board or commission or who provide staff assistance to a board or commission, it shall mean <br /> the board or commission. <br /> Page 2 of 4(BD 2022-810) <br />
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