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2017-1345
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Last modified
7/12/2021 10:21:53 AM
Creation date
1/22/2018 2:10:02 PM
Metadata
2017-1345
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-1345
Requesting Party
Phillip Dufrene
Decision Date
1/19/2018
Caption
Advisory opinion that the Code of Governmental Ethics would not prohibt the Facilities Manager for the St. Charles Parish Department of Governmental Buildings from contracting to supply professional services to St. Charles Department of Public Works and Wastewater after her retirement since the St. Charles Department of Public Works and Wastewater is not part of her former agency.
Ethics Subject Matters
Post Employment
Public Employee - Definition
Prohibited Contracts
Prohibited Assistance
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STATE OF LOUISIANA <br /> ' DEPARTMENT OF STATE CIVIL SERVICE <br /> :P** LOUISIANA BOARD OF ETHICS <br /> ,2. <br /> ;` 'P <br /> h P.O.BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> O,6k, �� (225)219-5600 <br /> �'' <br /> ''" FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> January 22, 2018 <br /> Mr. Phillip Dufrene <br /> 392 Marcia Drive <br /> Luling, Louisiana 70070 <br /> Re: Louisiana Board of Ethics Docket No.2017-1345 <br /> Dear Mr. Dufrene: <br /> The Louisiana Board of Ethics,at its January 19,2018 meeting,considered your request for <br /> an advisory opinion regarding whether the post employment restrictions found in the Code of <br /> Governmental Ethics would prohibit you from contracting to supply professional services to the St. <br /> Charles Department of Public Works and Wastewater after your retirement as the Facilities Manager <br /> for the St.Charles Parish Department of Governmental Buildings.You provided that the St.Charles <br /> Parish Department of Governmental Buildings is separate from the St.Charles Department of Public <br /> Works and Wastewater. You stated that you intend to leave your public employment with the St. <br /> Charles Parish Department of Governmental Buildings in February of 2018 and wish to offer <br /> professional services to the Department of Public Works and Wastewater involving title searches <br /> for property within the parish upon which the Department of Public Works and Wastewater may <br /> require temporary or permanent servitude.Additionally,you provided that these services are not part <br /> of your current duties and are not performed by your Department. Further,you stated that in your <br /> current position as Facilities Manager,you have no authority over any aspect of the Department of <br /> Public Works and Wastewater. <br /> The Board concluded,and instructed me to advise you that,under the facts provided,the post <br /> employment restrictions found in La. R.S. 42:1121A and B of the Code of Governmental Ethics <br /> would not prohibit you from contracting to supply professional services to St. Charles Department <br /> of Public Works and Wastewater since St. Charles Department of Public Works and Wastewater is <br /> not part of your former agency.La. R.S.42:1121(A)(1)of the Code prohibits a former agency head <br /> for two years after termination of his public employment from assisting another person for <br /> compensation, in a transaction, or appearance in a connection with a transaction, involving that <br /> agency or rendering any service on a contractual basis to that agency. La. R.S. 42: 1121(B) <br /> specifically prohibits a public servant from contracting for compensation for two years after <br /> termination of their employment on any project in which they participated while employed with the <br /> agency, or from providing the same services that they rendered to the agency. Under the facts <br /> presented above, you would not be assisting a person for compensation, contracting with, or <br /> rendering the same services that you rendered with your former agency, St. Charles Parish <br /> Department of Governmental Buildings; therefore, you are not prohibited from rendering such <br /> services. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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