2023-1070 - Laserfiche WebLink

authority of an elected official or another employee of the governmental entity. Accordingly, as an employee of CPRA, you were a public employee pursuant to La. R.S. 42:1102(18). La. R.S. 42:1102(2)(a)(i) defines "agency" for public servants in one of the twenty principal departments of the executive branch of state government, to be the office in which such public servant carries out his primary responsibilities.As such,your agency for purposes of the Code was the CPRA Executive Division pursuant to La. R.S. 42:1102(2)(a)(i). La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision which employed the former public employee. As a former employee of the State of Louisiana, your governmental entity was the State of Louisiana pursuant to La. R.S. 42:1102(12). ANALYSIS&CONCLUSION Generally, La. R.S. 42:1121(B)provides that no former public employee shall, for a period of two years following the termination of his public employment,assist another person,for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed. La. R.S. 42:1102 provides the following relevant definitions: (4) "Assist" means to act in such a way as to help, advise, furnish information to, or aid a person with the intent to assist such person. (15)"Participate"means to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity,through approval, disapproval,decision,recommendation,the rendering of advice, investigation, or the failure to act or perform a duty. (16) "Person'means an individual or legal entity other than a governmental entity, or an agency thereof. In this instance,the U.S.Almy Corps of Engineers is a federal agency and not a person for purposes of the Code.Additionally, you did not participate in the Lower Mississippi River Comprehensive Management Study while employed with CPRA. For these reasons, the Board concluded, and instructed me to inform you, that La. R.S. 42:1121(B)(1) does not prohibit you from being employed with the U.S.Army Core of Engineers within two years of your retirement from CPRA. 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 and or 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. Page 2 of 3 (BD 2023-1070)