2023-1076 - Laserfiche WebLink

AGENCY&GOVERNMENTAL-ENTITY La.R.S.42:1102(9)defines"elected official"to mean any person holding office in a governmental entity which is filled by the vote of the appropriate electorate. As Governor of the State of Louisiana, John Bel Edwards was an elected official pursuant to La. R.S. 42:1102(9). La. R.S. 42:1102(2)(a)(ii)defines"agency"for the governor to mean the executive branch of state government. John Bel Edwards's "agency" was the_executive branch of the State of Louisiana pursuant to La. R.S. 42:1102(2)(a)(ii). La. R.S. 42:1102(12) defines "governmental entity" as the state or any political subdivision ... to which the elected official is elected, as the case may be. John Bel Edwards's governmental entity was the State of Louisiana pursuant to La. R.S. 42:1102(12). ISSUE NO. 1: POST-EMPLOYMENT RESTRICTIONS ON GOVERNOR EDWARDS La. R.S. 42:1121A(1)provides that"[n]o former ... elected official shall, for a period of two years following the termination of his public service... as an elected public official serving in such agency,assist another person,for compensation,in a transaction,or in an appearance in connection with a transaction,involving that agency or render any service on a contractual basis to or for such agency." La. R.S. 42:1102 provides the following relevant definitions: (7) "Compensation" means any thing of economic value which is paid, loaned, granted, given,donated or transferred or to be paid,loaned,granted,given,donated, or transferred for or in consideration of personal services to any person. (16) "Person"means an individual or legal entity other than a governmental entity, or an agency thereof. (23) "Transaction involving the governmental entity" means any proceeding, application,submission,request for a ruling or other determination,contract,claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a)Is, or will be, the subject of action by the governmental entity; (b) Is one to which the governmental entity is or will be a party;(c)Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency. Generally, La. R.S. 42:1121A(1)prohibits John Bel Edwards, for two years following his service as Governor, from assisting Fishman Haygood or any other third parties for compensation in any transaction involving the executive branch of the State of Louisiana. La. R.S. 42:1121A(1) also prohibits Governor Edwards, for the same two-year period, from rendering any services to or for the executive branch of the State of Louisiana on a contractual basis. Page 2 of 4 (BD 2023-1076)