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2017-134
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Last modified
7/12/2021 11:06:06 AM
Creation date
3/20/2017 1:12:59 PM
Metadata
2017-134
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-134
Requesting Party
Edward P. Theriot
Agency at Issue
Plaquemines Parish
Decision Date
3/17/2017
Caption
Advisory opinon that the interim Plaquemines Parish President would not be prohibited by the Code of Governmental Ethics from serving as the Parish Director of Administration after the newly elected Parish President is sworn into officen, since he will be performing his duties as an employee of the Parish.
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STATE OF LOUISIANA <br /> o°'oF LO.i' DEPARTMENT OF STATE CIVIL SERVICE <br /> ;�oQyes u r/.5ex LOUISIANA BOARD OF ETHICS <br /> M, ;�� P.0.BOX 4368 <br /> Cp <br /> a11I c BATON ROUGE,LA 70821 <br /> •RIDE+ o'` (225)219-5600 <br /> %,%"'0� FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> March 20, 2017 <br /> Edward P. Theriot <br /> 8056 Hwy 23, Ste 201 <br /> Belle Chasse, LA 70037 <br /> Re: Ethics Board Docket No. 2017-134 <br /> Dear Mr. Theriot: <br /> The Louisiana Board of Ethics, at its March 17, 2017 meeting, considered your request <br /> for an advisory opinion regarding whether you, as the interim Parish President for <br /> Plaquemines Parish (Parish), are prohibited from returning to your prior position as <br /> Parish Director of Administration, after the newly elected Parish President is sworn into <br /> office. You provided the following background information for consideration in <br /> connection with your request: <br /> You had been employed as the Parish Director of Administration, an unclassified <br /> position, since January 2015. Following the death of Parish President Amos Cormier, Jr., <br /> you were chosen to serve as the interim Parish President by a majority vote of the Parish <br /> Council on June 21, 2016 (Resolution #16-195). Finally, the newly elected Parish <br /> President has asked that you continue your employment with the Parish, as the Parish <br /> Director of Administration, after he is sworn into office. <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental <br /> Ethics would not prohibit you, as the former interim Parish President, from serving as the <br /> Parish Director of Administration after the newly elected Parish President is sworn into <br /> office. La. R.S. 42:1121A(1) prohibits a former elected official, for a period of two years <br /> following the termination of his public service as an elected public official serving in <br /> such agency, from assisting another person, for compensation, in a transaction, or in an <br /> appearance in connection with a transaction, involving that agency or rendering any <br /> service on a contractual basis to or for such agency. As the Parish Director of <br /> Administration, you will be performing your duties as an employee of the Parish. <br /> Therefore, it will not present a violation of La. R.S. 42:1121A(1), if you are employed as <br /> the Parish Director of Administration following the termination of your service as interim <br /> Parish President. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts <br /> as presented may result in a different application of the provisions of the Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other <br /> than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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