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Entry Properties
Last modified
4/1/2024 8:36:30 AM
Creation date
7/13/2021 12:44:54 PM
Metadata
2021-285
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2021-285
Requesting Party
Wesley C. Pfeiffer
Decision Date
7/9/2021
Law
R.S. 42:1121A(1)
R.S. 42:1121B(1)
R.S. 42:1121C
R.S. 42:1112B(2)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would prohibit the former Deputy Director of Ground Transportation Services from assisting persons, for compensation, in a transaction involving Ground Transportation Bureau, however no prohibited from assisting persons involving other departments with the City of New Orleans.
Ethics Subject Matters
Post Employment
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Mr. Wesley C. Pfeiffer <br /> July 13, 2021 <br /> Page -2- <br /> 5. Based on La. R.S. 42:1121C, is there any prohibition against any entity of which I <br /> have an ownership interest seeking permits or licenses engaging in any transaction <br /> with the City of New Orleans and whether La.R.S.42:1112B(2)and(3)apply to me <br /> after I resigned my employment with the City of New Orleans? <br /> LAW <br /> La. R.S. 42:1121A(1)provides that no former agency head or elected official shall, for a period of <br /> two years following the termination of his public service as the head of such agency or as an elected <br /> public official serving in such agency,assist another person, for compensation, in a transaction, or <br /> in an appearance in connection with a transaction, involving that agency or render any service on a <br /> contractual basis to or for such agency. <br /> La. R.S. 42:1121B(1) provides that no former public employee shall, for a period of two years <br /> following the termination of his public employment, assist another person, for compensation, in a <br /> transaction, or in an appearance in connection with a transaction in which such former public <br /> employee participated at any time during his public employment and involving the governmental <br /> entity by which he was formerly employed,or for a period of two years following termination of his <br /> public employment, render, any service which such former public employee had rendered to the <br /> agency during the term of his public employment on a contractual basis,regardless of the parties to <br /> the contract,to, for, or on behalf of the agency with which he was formerly employed. <br /> La. R.S. 42:1121 C provides no legal entity in which a former public servant is an officer, director, <br /> trustee,partner,or employee shall,for a period of two years following the,.termination of his public <br /> service,assist another person,for compensation, in a transaction,or in an appearance in connection <br /> with a transaction in which such public servant at any time participated during his public service and <br /> involving the agency by which he was formerly employed or in which he formerly held office. <br /> La.R.S.42:1112B(2)and(3)prohibit a public servant from participating in a transaction involving <br /> the governmental entity in which, to his actual knowledge, (2) any person in which he has a <br /> substantial economic interest of which he may reasonably be expected to know; or (3) any person <br /> of which he is an officer,director,trustee,partner,or employee,has a substantial economic interest. <br /> La. R.S. 42:1102(2)(a)(vi) defines"agency" for public servants of political subdivisions to mean <br /> the agency in which the public servant serves. <br /> La. R.S. 42:1102(3) defines "agency head"to mean the chief executive or administrative officer <br /> of an agency or any member of a board or commission who exercises supervision over the <br /> agency. <br />
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