2018-1303 - Laserfiche WebLink

STATE OF LOUISIANA ,•'bF tour DEPARTMENT OF STATE CIVIL SERVICE . ^ y= LOUISIANA BOARD OF ETHICS • i�.; I 1,1 P.O.BOX 4368 sl,� * BATON ROUGE,LA 70821 "; o (225)219-5600 FAX (225)381-7271 1-800-842-6630 www.ethics.la.gov December 17, 2018 Charles McCrary Post Office Box 1072 Baker, Louisiana 70704 Re: Ethics Board Docket No. 2018-1303 Dear Mr. McCrary: The Louisiana Board of Ethics, at its December 14, 2018 Board meeting, considered your request for an advisory opinion regarding the application of the post-employment provisions in La. R.S. 42:1121 since your departure from the Baton Rouge Department of Public Works Inspection Division (Inspection Division). You were employed by the Inspection Division as a residential plans analyst from July 28, 2014 to July 27, 2018. Your responsibilities in that position included evaluating plot plans for compliance with zoning requirements, evaluating construction documents for compliance with the International Residential Code, determining project cost estimates, and notifying an owner of any additional information which may be required to complete the permitting process or approval. You stated that you did not supervise any employees or projects while employed by the Inspection Division. In 2017, you completed the process to become a certified building official. This certification allows you to review plans and do inspections for both commercial and residential projects. You provide consulting services through CMC Home Design & Development, LLC, which you wholly own. La. R.S. 42:1121B provides that no former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency which he was formerly employed. The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics would not prohibit you from assisting persons with residential or commercial plans for compensation which would be submitted to the Baton Rouge Department of Public Works Inspection Division so long as the plans were not originally reviewed or evaluated by you as an employee of the Inspection Division. However, La. R.S. 42:1121B would prohibit you from AN EQUAL OPPORTUNITY EMPLOYER