2022-112 - Laserfiche WebLink

La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. La.R.S. 42:1102(18)(a)defines"public employee"to mean anyone,whether compensated or not, who is(i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof,either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity. ANALYSIS As an Engineer 6 for DOTD, you are a public employee under La. R.S. 42:1102(18)(a). Further, you are not the chief executive or administrative officer of your agency, the Bridge Maintenance Division, so you do not qualify as an agency head under La. R.S. 42:1102(3). Accordingly, as you are not the head of an agency or elected official, the post-employment assistance rule for all other public employees, La. R.S. 42:112113, shall apply. Accordingly, for a period of two years after your termination of service to DOTD,you may not assist any person in transactions involving your agency in which you participated during your employment with DOTD. CONCLUSION The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics would permit you to provide services to a prospective employer which may relate to DOTI)matters provided you did not participate in those matters during your employment with DOTD. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control Law. If you have any questions, please contact me at(800) 842-6630 or (225) 219-5600. Sincerely, LOUISI ABOARD OF ETHICS harles E. Reeves,Jr. For the Board Page 2 of 2 (BD 2022-112)