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STATE OF LOUISIANA t%,` ,o Lo�is�, DEPARTMENT OF STATE CIVIL SERVICE ` ° • LOUISIANA BOARD OF ETHICS • P.O.BOX 4368 J* 1 BATON ROUGE,LA 70821 (225)219-5600 FAX (225)381-7271 1-800-842-6630 wwwethics.la.gov December 21, 2016 Mark DeBosier 6822 S. Woodgate Ct. Baton Rouge, Louisiana 70808 Re: Ethics Board Docket No. 2016-1048 Dear Mr. DeBosier: The Louisiana Board of Ethics, at its December 16, 2016 Board meeting, considered your request for an advisory opinion request regarding the post employment prohibitions in La. R.S. 42:1121 would prohibit you, a former employee with the Governor's Office of Homeland Security and Emergency Preparedness(GOHSEP),from being compensated by the Orleans Levee District as an expert in an arbitration hearing involving the Federal Emergency Management Agency (FEMA). GOHSEP provides technical assistance in support of the recovering communities and administers the grants awarded for natural disasters. You retired as an Assistant Deputy Director for the Recovery Division of GOHSEP on October 1, 2016. You stated that you had overall management responsibility for assisting applicants like the Orleans Levee District with securing federal recovery grants to rebuild after natural disasters such as hurricanes, major flooding events, etc.; reimbursement of their expenses as work progressed; assistance with dispute resolution; and, eventual grant financial closeout. You also stated that you had never testified as an expert in any previous arbitration with any other applicant. While you were an employee of GOHSEP,you became aware of the arbitration dispute involving the Orleans Levee District.You met on several occasions with the Orleans Levee District to discuss its options and you worked internally with GOHSEP staff to ensure that ongoing technical support was consistent with policy, regulation, etc. Since your retirement, you have worked on a pro bono basis with the Orleans Levee District. You stated that your departure from GOHSEP has left a temporary void and there is currently no one on staff with your knowledge and experience necessary to support the applicant/Orleans Levee District in the manner that you can. Further,you stated that the GOHSEP Director is highly supportive of your participation in the arbitration. If the Levee District is successful in its arbitration,the funds would be received by GOHSEP and transferred to the Levee District;however,GOHSEP would not maintain any portion of the funds through any fees or other retainers. The Board concluded, and instructed me to inform you, that the Louisiana Code of Governmental Ethics would not prohibit you from receiving compensation from the Orleans Levee District for assisting it in an arbitration hearing as an expert witness.La.R.S.42:1121B provides that no former public employee shall,for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a AN EQUAL OPPORTUNITY EMPLOYER