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Last modified
7/12/2021 11:18:53 AM
Creation date
12/20/2016 9:19:44 AM
Metadata
2016-1035
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1035
Requesting Party
Chairwoman Angelique Fogelman
Parties Involved
Ronald E. Buschel
District Five Public Work Commission
St. Landry Parish
St. Landry Parish Council
Decision Date
12/16/2016
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would not prohibit a former St. Landry Parish Councilman from being hired to serve as the District Five Public Works Director for the District Five Public Works Commission of St. Landry, since the Commission is not part of his former agency and his former agency would not participate in any way in his employment with the Commission.
Ethics Subject Matters
Post Employment
Boards and Commissions
Participation
Public Employee - Definition
Prohibited Transactions
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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 />
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