2011-909
Created By: Elizabeth Sanders on 07/27/2011 at 10:18 AM
Category: Ethics Advisory Opinions
Caption:

July 22, 2011

Mr. George Brewton
5241 Fort Gregg Drive
Baton Rouge, LA 70817

RE: Ethics Docket No. 2011-909

The Louisiana Board of Ethics at its July 15, 2011 meeting, considered a request for an advisory opinion concerning whether you may accept employment with a consulting firm after retirement from the Enforcement Section of the Injection and Mining Division of the Office of Conservation. You stated that you are a Geologist Supervisor in the Enforcement Section of the Injection and Mining Division of the Office of Conservation. As Supervisor, you are responsible for seven Conservation Enforcement Specialist (CES) who conduct field inspections and testing of wells throughout the state. You send compliance notices to well operators to schedule testing of the wells, review and approve reports submitted by CES and issue notices of violations and compliance orders to well operators. Your duties do not include the review or approval of Permit-to-Inject applications. Injection well applications are reviewed and approved in the Geological and Engineering Section. The Geological and Engineering Section is a division that is separate and distinct from that of the Enforcement Section. After retirement, you would like to work for a consulting firm that prepares and submits injection well permit applications to the Geological and Engineering Section.

The Board concluded and instructed me to inform you that the Louisiana Code of Governmental Ethics does not prohibit you from accepting employment with a consulting firm that prepares and submits injection well applications to the Geological and Engineering Section of the Office of Conservation. Section 1121A(1) of the Code prohibits a former agency head, for a period of two years following the termination of his public service, from assisting another person for compensation in a transaction, or in an appearance in connection with a transaction, involving his former agency. Section 1102 of the Code defines an agency as the department, division, unit, commission, committee, or other organizational unit of a governmental entity. As an employee of the consulting firm, it does not appear that you will be assisting another person in a transaction that involves your former agency or contracting back with your former agency, the Enforcement Section of the Injection and Mining Division of the Louisiana Office of Conservation. Thus, there is no violation of the Code if you accept employment with the consulting firm after termination of employment with the Enforcement Division.

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 Code of Ethics. The Board issues no opinion as to past conduct or laws other than the Code of Governmental Ethics. If you have any questions, please contact me at (225) 219-5600 or (800) 842-6630.


Sincerely,

LOUISIANA BOARD OF ETHICS


Aneatra P. Boykin
For the Board

...........................