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Last modified
3/6/2024 9:34:48 AM
Creation date
2/5/2024 11:15:30 AM
Metadata
2023-929
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-929
Requesting Party
James Carinio, Jr.
Agency at Issue
Louisiana Rehabilitation Services
Decision Date
2/2/2024
Law
La. R.S. 42:1121B(1)
La. R.S. 42:1121E
Caption
The Code of Governmental Ethics prohibits a former employee of Louisiana Rehabilitation Services ("LRS"), for a period of two years from the date of his retirement, from rendering job placement services on a contractual basis to the LRS Shreveport Regional Office since he previously rendered job placement services to the Shreveport Regional Office during his employment with LRS.
Ethics Subject Matters
Post Employment
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La. R.S. 42:1121B(1) further provides that no former public employee shall, for a period of two <br /> years following termination of his public employment, render any service which such former <br /> public employee had rendered to the agency during the term of his public employment on a <br /> contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with <br /> which he was formerly employed. <br /> La. R.S. 42:1121E-provides that the termination of public employment or service means the <br /> termination of employment with the agency which employed the public employee when he <br /> participated in the transaction. <br /> La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a <br /> governmental entity, or an agency thereof. <br /> You intend to become a Job Placement Vendor for the Shreveport Regional Office of LRS in <br /> Region 7. You ask that your two-year post-employment period begin on May 1, 2022, instead of <br /> September 8, 2023. However, pursuant to La. R.S. 42:1121E, your two-year post-employment <br /> period began the date you terminated your employment with LRS, which was on September 8, <br /> 2023. As such, La. R.S. 42:1121B(1)prohibits you from rendering services on a contractual basis <br /> as a Job Placement Vendor for LRS in Region 7 until September 8, 2025, since you rendered such <br /> job placement services for the Shreveport Regional Office while you were employed as a <br /> Rehabilitation Employment Development Specialist with LRS. <br /> CONCLUSION <br /> By a vote of 9 to 1, with Board Member Alfred W. Speer in opposition,the Board concluded, and <br /> instructed me to inform you, that La. R.S. 42:1-121B(1) prohibits you, for a period of two years <br /> from September 8, 2023, from rendering job placement services on a contractual basis with the <br /> Shreveport Regional Office of LRS. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Louisiana Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the <br /> Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist <br /> Disclosure Act, and the conflict of interest provisions contained in the Louisiana Gaming Control <br /> Law. If you have any questions,please contact me at(800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> essica T. Meiners <br /> For the Board <br /> Page 3 of 3 (BD 2023-929) <br />
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