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Last modified
7/12/2021 11:09:05 AM
Creation date
7/26/2017 10:32:19 AM
Metadata
2017-575
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-575
Requesting Party
Mr. Joel Galatas
Decision Date
7/21/2017
Caption
Advisory opinion that a former employee of Gang 232 of the Louisiana Department of Transportation and Development (DOTD) would not be prohibited by the Code of Governmental Ethics from performing engineering intern services for compensation to C. H. Fenstermaker and Associates, LLC within two years of his termination of his public employment, since he will not be providing the same services under contract to, for, or on behalf of DOTD, and he will not be assisting another person for compensation in transactions in which he participated while employed by DOTD.
Ethics Subject Matters
Participation
Post Employment
Public Employee - Definition
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STATE OF LOUISIANA <br /> ,P''pF'''''' DEPARTMENT OF STATE CIVIL SERVICE <br /> :'`�°" rs:� LOUISIANA BOARD OF ETHICS <br /> ct Ddu, lj'�' v <br /> Li. pm,, ''' P.O.BOX 4368 <br /> i' II BATON ROUGE,LA 70821 <br /> °"ale ,,,, (225)219-5600 <br /> . •"" <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> July 24,2017 <br /> Mr.Joel Galatas <br /> 4634 Rosedale Drive <br /> Metairie, Louisiana 70001 <br /> Re: Louisiana Board of Ethics Docket No.2017-575 <br /> Dear Mr. Galatas: <br /> The Louisiana Board of Ethics,at its July 21,2017 meeting,considered your request for an advisory <br /> opinion regarding whether the post-employment restrictions found in La.R.S.42:1121B(1)would prohibit <br /> you from being employed by C.H. Fenstermaker and Associates, LLC You provided that in February of <br /> 2017 you left employment as an engineering intern with Gang 232 of the Louisiana Department of <br /> Transportation and Development and have found employment with C.H.Fenstermaker and Associates,LLC. <br /> You stated that C.H. Fenstermaker and Associates, LLC does not have any contracts with Gang 232 of <br /> DOTD. Additionally,you stated that C.H.Fenstermaker and Associates,LLC does not have any contracts <br /> related in any way to the work,you participated in as an engineering intern for Gang 232 of DOTD. You <br /> stated that you are paid a salary by C.H. Fenstermaker and Associates, LLC and you do not have any <br /> ownership in C.H. Fenstermaker and Associates, LLC. <br /> The Board concluded,and instructed me to advise you that under the facts presented herein,La.R.S. <br /> 42:1121B(1)would not prohibit you from performing engineering intern services for compensation to C.H. <br /> Fenstermaker and Associates, LLC within two years of the termination of your public employment with <br /> DOTD. La.R.S.42:1121B(1)prohibits a public servant,for a period of two years following the termination <br /> of his public employment,from assisting a person for compensation in a transaction in which he participated <br /> or from rendering any service which such former public employee rendered to the agency during the term <br /> of his public employment on a contractual basis,regardless of the parties to the contract,to,for,or on behalf <br /> of the agency with which he was formerly employed.Since you will not be providing the same services under <br /> contract to, for, or on behalf of DOTD, and you will not be assisting another person for compensation in <br /> transactions in which you participated while employed by DOTD, you are not prohibited from being <br /> employed by C.H. Fenstermaker and Associates, LLC within two years of the termination of your public <br /> employment. <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 BOARD OF ETHICS <br /> t• <br /> (-)(7,7)(,, <br /> D,,,,_ <br /> --Suzanne Quinlan Mooney <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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