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Mr. Kenneth B. Conerly, Jr.
<br /> Ethics Board Docket No. 2021-105
<br /> May 10, 2021
<br /> Page 2
<br /> during the term of his public employment on a contractual basis, regardless of the parties to the
<br /> contract,to, for, or on behalf of the agency with which he was formerly employed.
<br /> La. R.S. 42:1121C prov es that no legal entity in which a former public servant is an officer,
<br /> director,trustee,partner, o employee shall, for a period of two years following the termination of
<br /> his public service, assist an ther person,for compensation,in a transaction,or in an appearance in
<br /> connection with a transaction in which such public servant at any time participated during his public
<br /> service and involving the a ency by which he was formerly employed or in which he formerly held
<br /> office.
<br /> La. R.S. 42:1111C(2)(d) rovides that no public servant and no legal entity in which the public
<br /> servant exercises control o owns an interest in excess of twenty-five percent,shall receive any thing
<br /> of economic value for or in consideration of services rendered,or to be rendered,to or for any person
<br /> during his public service unless such services are:(d)Neither performed for nor compensated by any
<br /> person or from any officer,director,agent,or employee of such person,if such public servant knows
<br /> or reasonably should know that such person has or is seeking to obtain contractual or other business
<br /> or financial relationships with the public servant's agency; conducts operations or activities which
<br /> are regulated by the public'employee's agency;or has substantial economic interests which may be
<br /> substantially affected by the performance or nonperformance of the public employee's official duty.
<br /> La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate
<br /> family,or a legal entity in which he has a controlling interest shall bid on or enter into any contract,
<br /> subcontract or other transaction that is under the supervision or jurisdiction of the agency of such
<br /> public servant.
<br /> La. R.S. 42:1111E(1) provides that no public servant, and no legal entity of which such public
<br /> servant is an officer, director, trustee, partner, or employee, or in which such public servant has a
<br /> substantial economic interest, shall receive or agree to receive any thing of economic value for
<br /> assisting a person in a transaction, or in an appearance in connection with a transaction, with the
<br /> agency of such public servant.
<br /> La. R.S. 42:1102 (23) defines "Transaction involving the governmental entity" to mean any
<br /> proceeding, application, submission, request for a ruling or other determination, contract, claim,
<br /> case, or other such particular matter which the public servant or former public servant of the
<br /> governmental entity in qustion knows or should know: (a) Is, or will be,the subject of action by
<br /> the governmental entity. (b)Is one to which the governmental entity is or will be a party. (c)Is one
<br /> in which the governmental entity has a direct interest.
<br /> CONCLUSION
<br /> The Board concluded,and instructed me to inform you,that Sections 1121B and 1121C of the Code
<br /> of Governmental Ethics would prohibit Kahn's Codes and Standards, LLC, you and Mario
<br /> Anderson,for a period of two years from September 11,2020,from conducting mechanical and gas
<br /> inspections for third-partes that will involve the City of New Orleans and in which you or Mr.
<br /> Anderson participated whle employed with the Safety and Permits Division. Since neither of you
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