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Last modified
7/12/2021 10:26:32 AM
Creation date
7/23/2018 5:15:00 PM
Metadata
2018-632
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-632
Requesting Party
Robert B. Barbor
Decision Date
7/20/2018
Caption
Advisory opinion that the Code of Governmental Ethics would prohibit the former general counsel for the Housing Authority of New Orleans from assisting another person, for compensation, in a transaction, or in appearance in connection with a transaction, involving the legal division of the Housing Authority of New Orleans for two years from his departure from the agency. Additionally, he would be prohibited by La. R.S. 42:1121 from rendering any services back to the legal division for two years from his depature from the division.
Ethics Subject Matters
Participation
Prohibited Assistance
Post Employment
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STATE OF LOUISIANA <br /> ' DEPARTMENT OF STATE CIVIL SERVICE <br /> ? e A LOUISIANA BOARD OF ETHICS <br /> a. ipiy; •, P.O.BOX 4368 <br /> � <br /> P 4+:1' <br /> �; BATON ROUGE,LA 70821 <br /> ,S <br /> +..e o (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> July 23, 2018 <br /> Robert B. Barbor <br /> 1459 Henry Clay Avenue <br /> New Orleans, Louisiana 70118 <br /> Re: Ethics Board Docket No.2018-632 <br /> Dear Mr. Barbor: <br /> The Louisiana Board of Ethics, at its July 20, 2018 meeting, considered your request for an advisory <br /> opinion regarding whether you are considered an agency head or public employee when applying the <br /> post-employment provisions in La. R.S. 42:1121. You retired from your position as the general counsel <br /> for the Housing Authority of New Orleans on March 31, 2018. As general counsel you were the chief <br /> legal officer for the agency and reported directly to the executive director.You were a full-time employee <br /> working forty hours a week who supervised two attorneys,an office administrator,and a paralegal. <br /> The Board concluded, and instructed me to inform you, that under the Code of Governmental Ethics you <br /> were an agency head of the legal division within the Housing Authority of New Orleans. La. R.S. <br /> 42:1102(3) provides that an "agency head" means the chief executive or administrative officer of an <br /> agency or any member of a board or commission who exercises supervision over the agency. For the <br /> purposes the post-employment provisions that are applicable to you, La. R.S. 42:1121A(1) and 1121B(1) <br /> apply. You would be prohibited, for two years following your termination from the Housing Authority of <br /> New Orleans, from assisting another person, for compensation, in a transaction, or in appearance in <br /> connection with a transaction, involving the legal division of the Housing Authority of New Orleans or <br /> render any service on a contractual basis to or for the legal division of the Housing Authority of New <br /> Orleans. Additionally, under La. R.S. 42:1121B(1)you would be prohibited for two years following your <br /> termination from the Housing Authority of New Orleans from assisting another person, for compensation, <br /> in a transaction, or in appearance in connection with a transaction in which you participated at any time <br /> during your employment by the Housing Authority of New Orleans and involving the Housing Authority <br /> of New Orleans. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented may <br /> result in a different application of the provisions of the Code of Ethics. The Board issues no opinion as to <br /> past conduct or laws other than Code of Governmental Ethics. If you have any questions, please contact <br /> me at(225)219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOUISIANA B OF ETHICS <br /> rett Robin on <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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