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„,,,,,,,,,, STATE OF LOUISIANA <br /> `'bF LO��` DEPARTMENT OF STATE CIVIL SERVICE <br /> ,'Q��� Sl92 c <br /> .F� LOUISIANA BOARD OF ETHICS <br /> °” yy 1 P.O.BOX 4368 <br /> ,!4 'o BATON ROUGE,LA 70821 <br /> ofl_p <br /> (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> December 19,2016 <br /> Chairwoman Angelique Fogelman <br /> District Five Public Works Commission of St. Landry <br /> P.O. Box 86 <br /> Lebeau,Louisiana 71345-0086 <br /> Re: Ethics Board Docket No.2016-1035 <br /> Dear Chairwoman Fogelman: <br /> The Louisiana Board of Ethics, at its December 16, 2016 meeting, considered your request for an <br /> advisory opinion regarding whether the post-employment restrictions found in the Code of Governmental <br /> Ethics would prohibit former St.Landry Parish Councilman Mr.Ronald E.Buschel from being hired to serve <br /> as the District Five Public Work Director for District Five Public Works Commission of St. Landry <br /> (Commission).Mr.Buschel's public service as St.Landry Council Member for District 5 ended January 10, <br /> 2016. In accordance with la.R.S. 48:600 A and B the St. Landry Parish Council created the Commission <br /> and appoints the members to the Commission.However, La.R.S.48:600.1 D provides that the Commission <br /> is a political subdivision of the State and not St. Landry Parish. Additionally, La. R.S. 48:6001(C)(3) <br /> empowers the Commission to hire such assistants as are needed to assist the board in the performance of its <br /> duties.You stated that the Commission would like to hire Mr. Buschel for compensation to assist them as <br /> the Director of the District. You provided that the Parish Council would not participate in any way in his <br /> employment with the Commission.Additionally,the Commission is funded by a tax millage. <br /> The Board concluded,and instructed me to advise you that,under the facts provided,Mr. Buschel <br /> would not be prohibited by La. R.S. 42:1121A from accepting the position of Director of the Commission <br /> since the Commission is not part of his former agency. La. R.S. 42:1121A(1) prohibits a former elected <br /> official,for a period of two years following the termination of his public service as an elected official serving <br /> in such agency, from assisting another person for compensation, in a transaction, or appearance in a <br /> connection with a transaction, involving that agency or rendering any service on a contractual basis to that <br /> agency. As the Director of the Commission, Mr. Buschel, would not be assisting any person in an a <br /> transaction or rendering any service on a contractual basis to or for his former agency. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented 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 B I ARD OF ETHICS <br /> ,o4<— S-------- <br /> uzanne Quinlan Mooney <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />