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Last modified
7/12/2021 11:05:17 AM
Creation date
11/22/2017 2:23:17 PM
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2017-1054
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-1054
Requesting Party
Patrick Fitzpatrick, III
Decision Date
11/17/2017
Caption
Advisory opinion that the Code of Governmental Ethics would not prohibit a former member of the St. Tammany Levee Drainage and Conservation District from providing contracts services to the District following two years from his termination from the District. However, he would be prohibited for two years following his termination from rendering any service which he had rendered to the District during the term of his service either personally or through a professional group.
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Public Employee - Definition
Post Employment
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termination of his public service on such board or commission, contract with, be employed in any <br /> capacity by, or be appointed to any position by that board or commission. <br /> You served as a board member for the District at a meeting on April 20, 2016. Your date of <br /> termination depends on when the board member who took your position was sworn in as a board <br /> member for the District.For two years following that date,you would be prohibited from contracting <br /> personally, or through a professional group,to render any service to or for the District. Upon the <br /> expiration of the two year period,you would not be prohibited from contracting with the District to <br /> provide any services. Further,you are assisting another person in a transaction,or in an appearance <br /> in connection with a transaction, involving your former agency. However, you stated you are not <br /> being compensated for such assistance which would be prohibited by La. R.S. 42:1121A(1). <br /> Additionally,the Board concluded,and instructed me to inform you,that the Code of Governmental <br /> Ethics would prohibit you, for two years following your termination from the District, from <br /> rendering any service which you had rendered to the District during the term of your service back <br /> to the District through the professional groups or personally.La.R.S.42:1121B(1)provides that no <br /> former public employee shall, for a period of two years following the termination of his public <br /> employment, assist another person, for compensation, in a transaction, or in an appearance in <br /> connection with a transaction in which such former public employee participated at any time during <br /> his public employment and involving the governmental entity by which he was formerly employed, <br /> or for a period of two years following termination of his public employment, render, any service <br /> which such former public employee had rendered to the agency during the term of his public <br /> employment on a contractual basis,regardless of the parties to the contract, to, for, or on behalf of <br /> the agency with which he was formerly employed. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts 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 laws other than Code of Governmental Ethics. If you have any <br /> questions, please contact me at(225)219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Brett Robinson <br /> For the Board <br />
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