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2023-1076
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2023-1076
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Entry Properties
Last modified
5/24/2024 9:12:54 AM
Creation date
3/14/2024 10:00:31 AM
Metadata
2023-1076
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-1076
Requesting Party
Dane Ciolino
Parties Involved
John Bel Edwards
Fishman Haygood LLP
Agency at Issue
State of Louisiana
Executive Branch
Decision Date
3/8/2024
Law
La. R.S. 42:1121A(1)
La. R.S. 42:1121C
La. R.S. 42:1113D(3)
Caption
The Code of Governmental Ethics contains post-employment provisions that apply to former Governor John Bel Edwards and his potential affiliation as Special Counsel with the law firm of Fishman Haygood LLP.
Ethics Subject Matters
Post Employment
Prohibited Contracts
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However, to the extent this request does not address a specific potential conflict under La. R.S. <br /> 42:1121A(1), the Board declined to render an opinion that any particular work will or will not <br /> violate the post-employment provisions of the Code. Should a specific situation arise that presents <br /> a potential violation of the Code, an updated advisory opinion should be sought. <br /> ISSUE N0.2: POST-EMPLOYMENT RESTRICTIONS ON FISHMAN HAYGOOD <br /> La. R.S. 42:1121C provides that "[n]o 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(19)defines"public servant"to include an elected official. <br /> Also, La. R.S. 42:1102 defines "participate" to mean to take part in or to have or share <br /> responsibility for action of a governmental entity or a proceeding, personally, as a public servant <br /> of the governmental entity, through approval, disapproval, decision, recommendation, the <br /> rendering of advice, investigation, or the failure to act or perform a duty. <br /> The Board considered the provisions of the proposed contract between John Bel Edwards and <br /> Fishman Haygood. Based on these specific provisions, the Board determined that Governor <br /> Edwards is not an officer, director, trustee, partner, or employee of Fishman Haygood for the <br /> specific purpose of La. R.S. 42:1121C. Accordingly, the Board determined that based on these <br /> specific facts, La. R.S. 42:1121C does not prohibit Fishman Haygood from assisting clients in <br /> transactions involving the executive branch of the State of Louisiana. The Board noted that any <br /> substantial changes to the proposed contract could change the analysis and application of La. R.S. <br /> 42:1121C. <br /> However, in light of the Board's decision that La. R.S. 42:1121C does not prohibit Fishman <br /> Haygood from assisting third parties involving the executive branch of the State of Louisiana,the <br /> Code provides an additional restriction on Governor Edwards. La. R.S. 42:1121D provides that <br /> "[n]o former public servant shall.share in any compensation received by another person for <br /> assistance which such former public servant is prohibited from rendering by this Section." <br /> Accordingly, Governor Edwards is prohibited from sharing in any compensation received by <br /> Fishman Haygood for transactions involving the executive branch, when La. R.S. 42:1121A(1) <br /> prohibits him from providing such assistance or services on those matters. <br /> ISSUE No.3: ONE-YEAR CONTRACTUAL PROHIBITION ON GOVERNOR EDWARDS <br /> The Code provides an additional restriction on Governor Edwards after his service as Governor, <br /> as La. R.S. 42:11131)(3)prohibits the former Governor,his spouse,or any legal entity in which he <br /> or his spouse owns an interest in excess of 5%, from entering into a contract with the State of <br /> Louisiana for one year after the Governor's term of office ends. <br /> Page 3 of 4(BD 2023-1076) <br />
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