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Last modified
7/12/2021 11:18:50 AM
Creation date
12/20/2016 9:23:20 AM
Metadata
2016-1024
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1024
Requesting Party
Richard Campbell
Parties Involved
GCR Inc.
Danya Williams
St. Tammany Parish
St. Tammany Parish Cultural Arts Project
St. Tammany Parish River Glen Drainage Project
Decision Date
12/16/2016
Caption
Advisory opinion that CGR Inc. would not be prohibited by the Louisiana Code of Governmental Ethics from signing an Independent Contractor Agreement with a former employee of the St. Tammany Parish Legal Department, since the former employee will not assist GRC Inc., in any transaction or appearance in connection with a transaction that she participated during her public employment and nor render any services back to her former agency.
Ethics Subject Matters
Participation
Post Employment
Public Employee - Definition
Prohibited Assistance
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Williams. La. R.S. 42:1121C prohibits a legal entity in which the former public servant is an <br /> officer, director,trustee,partner or employee,for period of two years following the termination of <br /> his public service,from assisting another person for compensation, in a transaction,or appearance <br /> in a connection with a transaction, involving that agency or rendering any service on a contractual <br /> basis to that agency.La.R.S.42:1121C would not prohibit GCR from entering into the Independent <br /> Contractor Agreement since GRC will ensure that Ms.Williams,within two years of her termination <br /> of public service, will not assist GCR in any transaction or appearance in connection with a <br /> transaction in which she participated during her public employment and she will not render through <br /> GCR any service that she rendered to her former public employer. <br /> Additionally, the Board concluded that under the facts presented, La. R. S. 42:1121B(1) <br /> would not prohibit Ms.Williams from providing the specific services listed above to GCR under an <br /> Independent Contractor Agreement within two years of the termination of her public service. La. <br /> R.S.42:1121B(1)prohibits a public servant,for a period of two years following the termination of <br /> her public employment, from assisting another person, for compensation, in a transaction, or in an <br /> appearance in connection with a transaction in which she participated at any time during her public <br /> employment and involving her former governmental entity. La.R.S.42:11218(1)also prohibits a <br /> public employee, for a period of two years following termination of her public employment, from <br /> rendering any service which she had rendered to the agency during the term of her public <br /> employment on a contractual basis,regardless of the parties to the contract,to, for,or on behalf of <br /> her former agency. Since Ms. Williams will not be contracting with her former agency or assisting <br /> GCR for compensation in any transaction with her former agency in which she participated during <br /> her public employment, La. R.S. 42:1121B will not prohibit her from entering the proposed <br /> Independent Contractors Agreement with GCR. <br /> However, Ms. Williams should be informed that this opinion is specific to the proposed <br /> services to be rendered to GCR, if Ms. Williams intends to pursue providing services to other <br /> persons related to her prior public service within two years of the termination of her public service, <br /> she should seek an advisory opinion when those facts become available. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts <br /> as presented may result in a different application of the provisions of the Code of Ethics. The <br /> Board issues no opinion as to past conduct or as to laws other than the Code of Governmental <br /> Ethics. If you have any questions,please contact me at(800) 842-6630 or(225)219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD O ETHICS <br /> Suzanne Quinlan Mooney <br /> For the Board <br />
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