| Advisory Opinion request from Harry Vorhoff, Deputy Director of the Governor's Office of Coastal Activities, regarding post-employment restrictions. |
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Harry Vorhoff is employed as Deputy Director in the Governor's Office of Coastal Activities. In that capacity, Mr. Vorhoff served as the designated chair of the Governor's Climate Initiatives Task Force, which approved the State's Climate Action Plan in January 2022, which contains a set of recommendations to place Louisiana on a path to net zero greenhouse gas emissions by 2025. One of the actions in the plan is to strategically plan for the development of offshore wind. To achieve this, one of the strategies is to align climate action approaches across state government and to ensure Louisiana is prepared to maximize potential federal funding opportunities. As part of the plan, Mr. Vorhoff led interagency coordination as well as coordinate with non-state entities and partners. Mr. Vorhoff's resignation will be effective on January 5, 2024 coinciding with the conclusion of Governor Edwards's term in office.
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La. R.S. 42:1121(B): 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.
(23) "Transaction involving the governmental entity" means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity; (b) Is one to which the governmental entity is or will be a party; (c) Is one in which the governmental entity has a direct interest.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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