2024-197 - Laserfiche WebLink

La. R.S. 42:1102(3) defines "agency head" as the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. La. R.S. 42:1102 (18)(a) defines "public employee"to mean anyone, whether compensated or not, who is: (i)An administrative officer or official of a governmental entity who is not filling an elective office. (ii)Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof. (iii) Engaged in the performance of a governmental function. (iv) Under the supervision or authority of an elected official or another employee of the governmental entity. La. R.S. 42:1102(19) defines "public servant" means a public employee or an elected official. ANALYSIS As Executive Director of LABENFA, you are a public servant pursuant to La. R.S. 42:1102(19) and the agency head of LABENFA pursuant to La. R.S. 42:1102(3). Pursuant to La. R.S. 42:1121A(1), you are prohibited, for a period of two years following the termination of your public service as the head of LABENFA, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving LABENFA or render any service on a contractual basis to or for LABENFA. Therefore, for two years following your retirement as Executive Director, you cannot provide training programs on a contractual basis to LABENFA or assist any other person for compensation in a contract or transaction with LABENFA. CONCLUSION The Louisiana Board of Ethics concluded and instructed me to inform you that the Code of Governmental Ethics prohibits you, for a period of two years following the termination of your public service as the head of LABENFA, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving LABENFA or render any service on a contractual basis to or for LABENFA. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control Law. If you have any questions, please contact me at(800) 842-6630 or(225) 219-5600. Sincerely, Page 2 of 3 (BD 2024-197)