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Last modified
7/12/2021 11:05:17 AM
Creation date
11/22/2017 2:23:17 PM
Metadata
2017-1054
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-1054
Requesting Party
Patrick Fitzpatrick, III
Decision Date
11/17/2017
Caption
Advisory opinion that the Code of Governmental Ethics would not prohibit a former member of the St. Tammany Levee Drainage and Conservation District from providing contracts services to the District following two years from his termination from the District. However, he would be prohibited for two years following his termination from rendering any service which he had rendered to the District during the term of his service either personally or through a professional group.
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Public Employee - Definition
Post Employment
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"4 ad STATE OF LOUISIANA <br /> ,,, goo',,,,,, DEPARTMENT OF STATE CIVIL SERVICE <br /> °" �, V1 LOUISIANA BOARD OF ETHICS <br /> P.O.BOX 4368 <br /> ,,14Z1 BATON ROUGE,LA 70821 <br /> (225)219-5600 <br /> °�� FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> November 20, 2017 <br /> Patrick Fitzpatrick, PhD <br /> 180-B Lakeview Drive <br /> Slidell, Louisiana 70458 <br /> Re: Louisiana Board of Ethics Docket No. 2017-1054 <br /> Dear Dr. Fitzpatrick: <br /> The Louisiana Board of Ethics, at its November 17, 2017 Board meeting, considered your request <br /> for an advisory opinion regarding whether your post-employment restrictions following your <br /> termination from the St. Tammany Levee Drainage and Conservation District (District) would <br /> prevent you from participating in Phase 2 of a competition concerning a Request for Qualifications <br /> (RFQ)for the St.Tammany Parish Coastal Protection Study.The last meeting you served as a board <br /> for the St. Tammany Levee Drainage and Conservation was on April 20, 2016. Since your <br /> termination from the District,the District formulated the Coastal Protection Study. The winner of <br /> the RFQ for the study would most likely enter into a contract with the District for services. The <br /> professional groups that are interested in your participation in the study are RCL, CDM Smith, <br /> Worldwinds, and BFM. Your assistance with these groups with Phase 2 of the competition would <br /> be as an expert on storm surge and hurricanes. <br /> The services that you might perform if the professional group was chosen would be studying storm <br /> surge, surge probabilities for nuclear plants, levee and wetland impact on surge, and precipitation <br /> studies.You estimate that the project would not begin until the Spring or Summer of 2018.You also <br /> stated that have received no compensation regarding any aspect of this project,and will not receive <br /> any compensation for the proposal phase either. <br /> The Board concluded,and instructed me to inform you,that the Code of Governmental Ethics would <br /> not prevent you from providing contracted services to the St. Tammany Levee Drainage and <br /> Conservation District following two years after your termination from the District or from assisting <br /> the professional group in the RFQ when no compensation is received for such assistance. La. R.S. <br /> 42:1121A(1) provides that no former agency head shall, for a period of two years following the <br /> termination of his public service as the head of such agency,assist another person,for compensation, <br /> or in a transaction, or in an appearance in connection with a transaction, involving that agency or <br /> render any service on a contractual basis to or for such agency. La. R.S.42:1121A(2)provides that <br /> no former member of a board or commission shall, for a period of two years following the <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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