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2023-1069
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2023-1069
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Entry Properties
Last modified
3/6/2024 9:53:54 AM
Creation date
2/6/2024 2:26:45 PM
Metadata
2023-1069
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-1069
Requesting Party
Chad Nepveaux
Agency at Issue
Lafayette Consolidated Government
Decision Date
2/2/2024
Law
La. R.S. 42:1121A(1)
La. R.S. 42:1121B(1)
Caption
The Code of Governmental Ethics permits the Director of the Lafayette Consolidated Government Public Works Department upon his retirement to provide contractual consulting services to the Lafayette Consolidated Government LUS Fiber Department because LUS Fiber Department is not considered a "person" for purposes of the Code.
Ethics Subject Matters
Post Employment
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La. R.S. 42:1102(11) defines "governmental entity" to mean the state or any political subdivision <br /> which employs the public employee or employed the former public employee or to which the <br /> elected official is elected, as the case may be. <br /> La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a <br /> governmental entity, or an agency thereof. <br /> ANALYSIS <br /> As the Director of PWD, you are an agency head according to La. R.S. 42:1102(3). <br /> Therefore, pursuant to La. R.S. 42:1121A(1), you are prohibited, for a period of two years <br /> following your retirement date, from assisting another person, for compensation, in a transaction, <br /> or in an appearance with a transaction, involving PWD or from rendering any service on a <br /> contractual basis to or for PWD. <br /> Furthermore, pursuant to La. R.S. 42:1121B, you are prohibited, for a period of two years <br /> following your retirement date, from assisting another person, for compensation, in a transaction, <br /> or in an appearance with a transaction, in which you participated during your public employment, <br /> or from rendering any service to PWD which you rendered during the term of your public <br /> employment. <br /> Notably, both of La. R.S. 42:1121A(1) and La. R.S. 42:112113 prohibit you from assisting another <br /> person. As LUS Fiber is an agency of a governmental entity, LUS Fiber is not a "person," as <br /> defined by La. R.S. 42:1102(16). <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics <br /> prohibits you, for a period of two years following your retirement date, from assisting another <br /> person,for compensation, in a transaction, or in an appearance with a transaction, involving PWD <br /> or from rendering any service on a contractual basis to or for PWD. Furthermore, you are <br /> prohibited, for a period of two years following your retirement date, from assisting another person, <br /> for compensation,in a transaction,or in an appearance with a transaction,in which you participated <br /> during your public employment,or from rendering any service to PWD which you rendered during <br /> the term of your public employment. Therefore, so long as you are providing services to a <br /> governmental entity other than PWD, the Code of Governmental Ethics would permit your future <br /> endeavors described above. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different'application of the provisions of the Code of Governmental <br /> Page 2 of 3 (BD 2022-926) <br />
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