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during the term of his public employment on a contractual basis, regardless of the parties to the contract,to, for, or on behalf of the agency with which he was formerly employed. La.R.S.42:1121C No legal entity in which a former public servant is an officer,director,trustee, partner,or employee shall,for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office. La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. La. R.S. 42:1102(19) defines"public servant" as a public employee or elected official. La. R.S. 42:1102(18)(a) defines"public employee"to mean any person,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 a project manager for the Road Design Section of DOTD, you were a public employee and a public servant pursuant to La. R.S. 42:1102(18)(a) and La. R.S. 42:1102(19), respectively. Your "agency" for purposes of the Code was the Road Design Section of DOTD. Therefore, La. R.S. 42:1121B prohibit you for two years from your termination from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which you participated at any time during your public employment. Similarly, La. R.S. 42:1121C prohibits your future employer for two years from your termination from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which you participated at any time during your public employment. CONCLUSION The Board concluded, and instructed me to inform you, that the post-employment restriction of the Code will not prohibit you from seeking employment to work on road design projects that you have not participated in during your public employment with DOTD, provided his employer does not transact on any project that Mr. Fusilier participated in during his employment at 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.