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2023-207
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2023-207
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Entry Properties
Last modified
4/1/2024 8:41:51 AM
Creation date
7/10/2023 11:02:58 AM
Metadata
2023-207
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-207
Requesting Party
John Schweitzer
Agency at Issue
Louisiana Rehabilitation Services
Decision Date
7/7/2023
Law
La. R.S. 42:1121(B)(1)
Caption
The Code of Governmental Ethics has post-employment restrictions that apply to an employee of the Bureau of Community Rehabilitation Program/Employment Development for a period of two years following termination of public employment.
Ethics Subject Matters
Post Employment
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participated at any time during his public employment and involving the governmental entity by <br /> which he was formerly employed,or for a period of two years following termination of his public <br /> employment, render, any service which such former public employee had rendered to the agency <br /> during the term of his public employment on a contractual basis, regardless of the parties to the <br /> contract,to, for, or on behalf of the agency with which he was formerly employed. <br /> La. R.S. 42:1102(4) defines "assist' to mean to act in such a way as to help, advise, furnish <br /> information to, or aid a person with the intent to assist such person. <br /> La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a <br /> governmental entity, or an agency thereof. <br /> La. R.S. 42:1102(18) defines "public employee" to include any person who is engaged in the <br /> performance of a governmental entity or is under the supervision or authority of an elected official <br /> or another employee of the governmental entity. <br /> La. R.S. 42:1102(2)(a)(i) defines "agency" for public servants in one of the twenty principal <br /> departments of the executive branch of state government to be the office in which such public <br /> servant carries out her primary responsibilities. <br /> La. R.S. 42:1102(12) defines"governmental entity"to mean the State of Louisiana. <br /> ANALYSIS&CONCLUSION <br /> As an employee of LRS, you were a public employee pursuant to La. R.S. 42:1102(18). Your <br /> agency for purposes of the Code was the Bureau of Community Rehabilitation <br /> Program/Employment Development of LRS pursuant to La. R.S. 42:1102(2)(a)(vi). Your <br /> governmental entity was the State of Louisiana pursuant to La. R.S. 42:1102(12). <br /> As such, the Board concluded, and instructed me to inform you, that La. R.S. 42:1121(B)(1) <br /> prohibits you, for a period of two years from your retirement, from assisting another person for <br /> compensation in a transaction involving the State of Louisiana, if you participated in that <br /> transaction while employed by LRS. However, you are not prohibited from assisting third parties <br /> in new transactions involving the Bureau of Community Rehabilitation Program/Employment <br /> Development of LRS. <br /> Further, La. R.S. 42:1121(B)(1) prohibits you from rendering the same services on a contractual <br /> basis to, for, or on behalf of your former agency, the Bureau of Community Rehabilitation <br /> Program/Employment Development of LRS. However,you are not prohibited from rendering new <br /> services on a contractual basis to the Bureau of Community Rehabilitation Program/Employment <br /> Development of LRS. <br /> The Board further advised that should a specific situation arise that may present a violation of the <br /> post-employment restrictions, you should seek an updated advisory opinion. <br /> Page 2 of 3 (BD 2023-207) <br />
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