Agenda Item
Docket No. 23-291
Advisory Opinion, submitted by Bryan James Marie, concerning whether the Code of Governmental Ethics ("Code") would prohibit various post-employment activities, subsequent to his retirement from the Louisiana Department of Wildlife and Fisheries ("LDWF").
Until his retirement on December 2, 2022, Mr. Marie was a Captain in the Law Enforcement Division of LDWF. He has sought this opinion on the following issues:
1. Does the Code prohibit him from purchasing oyster leases from individuals or family members? (Oyster leases are issued and maintained by the LDWF's Oyster Lease Survey Section).
2. Does the Code prohibit him from fishing commercially? (Commercial licenses are issued by the LDWF Commercial License Section).
3. Does the Code prohibit him from being employed by or otherwise holding a position with a commercial fishing company?
4. Does the Code prohibit him from serving as a surveillance officer for oyster relay permits? (Relay permits are issued by the Louisiana Department of Health).
La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.
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 the 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.
Adopt the proposed advisory opinion.
Assigned Attorney: LaToya D. Jordan
2023-291 - AO
2023-291 Advisory Opinion Draft - Marie