2023-1003 - Laserfiche WebLink

La. R.S. 42:1121C provides that no legal entity in which a former public servant is an officer, director,trustee,partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he fonnerly held office. ANALYSIS Generally, La. R.S. 42:1121A(1) provides that Mr. Berthelot shall not, for a period of two years following the termination of his public service as West Baton Rouge Parish President, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving his former agency or render any service on a contractual basis to or for the West Baton Rouge Parish Government. Also, La. R.S. 42:1121C provides that Triple B Ranch, LLC shall not,for a period of two years following the termination of Mr.Berthelot's public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction that arose during Mr. Berthelot's service as Parish President and involving the West Baton Rouge Parish Government. However, since Mr. Berthelot is not contracting with the West Baton Rouge Parish Government, and Triple B Ranch, LLC is not assisting another person in connection with a transaction involving the West Baton Rouge Parish Government, the post-employment prohibitions under Section 1121 A(1)and Section 1121 C of the Code will not prevent Triple B Ranch,LLC from entering into an agreement with the West Baton Rouge Parish Government for the donation of the right-of-use servitude, provided any necessary agreements are executed by Toby Berthelot or Todd Berthelot. CONCLUSION The Board concluded, and instructed me to inform you, that the Code does not prohibit Triple B Ranch, LLC from entering into an agreement with the West Baton Rouge Parish Government for the donation of the right-of-use servitude following the termination of Mr. Berthelot's service as Parish President. 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, LOUISIANA BOARD OF ETHICS essica T. Meiners For the Board Page 2 of 2(BD 2023-1003)