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La. 1R.S. 42:1102(18)(a) defines "public employee"to mean any person, whether compensated or <br /> not who is: (i; an administrative officer or official of a governmental entity who is not filling an <br /> elective office; (ii) appointed by any elected official when acting in an official capacity, and the <br /> appointment i3 to a post or position wherein the appointee is to serve the governmental entity or <br /> an agency thereof, either as a member of an agency, or as an employee thereof; (iii)engaged in the <br /> performance of a governmental function; (iv) under the supervision or authority of an elected <br /> official or another employee of the governmental entity. <br /> Lai. R.S. 412:1102(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 /> governrr.ental entity in question 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 /> ir.which the governmental entity has a direct interest. <br /> ANALYSIS <br /> As a person performing a governmental function, the Company is considered a public employee <br /> pursuant to La. R.S. 42:1102(18)(a). Additionally, each of the employees of the Company <br /> performing a governmental function (collectively, the "Subject Employees") would also be <br /> con3idered public employees. The agency of the Company and the Subject Employees is DSP, <br /> pursuant to Lz.. R.S. 42:1102(2)(a). <br /> As neither the- Company nor the Subject Employees are an agency head, the post-employment <br /> restrictions of La. R.S. 42:1121B shall apply. Accordingly, for a period of two years after the <br /> termination oil'service to DSP, neither the Company nor the Subject Employees may assist any <br /> other person f)r compensation, in a transaction with DSP, or in an appearance in connection with <br /> a.transaction Nvith DSP in which the Company or they participated at any time during their public <br /> service with ESP. In short,the Company and the Subject Employees can perform services for new <br /> protects, but any work related to DSP, they are prohibited for two years from assisting someone <br /> on projects that they worked on as a public employee of DSP. <br /> The Board notes that this opinion specifically declines to render guidance on municipal ethics laws <br /> or permitting regulations, as such matters are not within the Board's jurisdiction. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics <br /> would prohibit the Company and the Subject Employees, for a period of two years, from assisting <br /> anyone in a transaction involving DSP in which they participated while they were employed by <br /> D§?. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented ma's! 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 /> Lo6siana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist <br /> Diss:losu.re!-acts, and the conflict of interest provisions contained in the Louisiana Gaming Control <br /> Lave. If you have any questions, please contact me at (800) 842-6630 or (225) 219-5600. <br /> Page 2 of 3 (BD 2025-515) <br />