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2017-679
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Last modified
7/12/2021 11:09:33 AM
Creation date
8/21/2017 12:49:53 PM
Metadata
2017-679
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-679
Requesting Party
Samuel B. Gaab
Decision Date
8/18/2017
Caption
Advisory opinion that former Calcasieu Parish Police Juror would be prohibited by the Code of Governmental Ethics from engaging in transactions with special service district created by Calcasieu Parish for two years after they leave office, since the special district is a unit of the political subdivision within the jurors agency.
Ethics Subject Matters
Public Employee - Definition
Post Employment
Participation
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Mr. Samuel B. Gaab <br /> August 21, 2017 <br /> Page -2- <br /> La.R.S.42:1121A(2)provides that no former member of a board or commission shall,for a period <br /> of two years following the termination of his public service on such board or commission, contract <br /> with,be employed in any capacity by, or be appointed to any position by that board or commission. <br /> La. R.S. 42:1102 defines "Agency" as a department, office, division, agency, commission, board, <br /> committee, or other organizational unit of a governmental entity. For purposes of this Chapter, <br /> "agency of the public servant" and "his agency" when used in reference to the agency of a public <br /> servant shall mean: (vi) For public servants of political subdivisions, it shall mean the agency in <br /> which the public servant serves, except that for members of any governing authority and for the <br /> elected or appointed chief executive of a governmental entity,it shall mean the governmental entity. <br /> Public servants of political subdivisions shall include...elected officials of municipalities,parishes.... <br /> La. R.S. 42:1102(17) further defines "Political Subdivision" as any unit of local government, <br /> including a special district, authorized by law to perform governmental functions. <br /> Given that a special district is a unit of a political subdivision, i.e. police jury, and the agency of a <br /> police juror is the governmental entity,i.e.police jury,the agency of a police juror includes the special <br /> district. For this reason, La. R.S. 42:1121 would prohibit a former police juror from assisting, for <br /> compensation, in a transaction involving or entering into a contract with a special district created by <br /> the police jury. <br /> Further,if a former police juror wants to engage in a transaction with a special district,within two(2) <br /> years of the end of his term as a police juror,he should request an advisory opinion from the Ethics <br /> Board. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented <br /> may result in a different application of the provisions of the Code of Ethics. The Board issues no <br /> opinion as to past conduct or as to laws other than the Code of Governmental Ethics. If you have any <br /> questions,please contact me at(800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Ftregry /. i 'bodeaux <br /> For the Board <br /> Page 2 of 2 <br />
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