April 20, 2010
Mr. David Bihm
162 Midway Lane
Opelousas, Louisiana 70570
Re: Ethics Board Docket No. 2010-252
Dear Mr. Bihm:
The Louisiana Board of Ethics, at its April 16, 2010 meeting, considered your request for an advisory opinion as to whether a mechanic shop owned by your son may transact business with the St. Landry Parish School Board after your retirement as an employee with the St. Landry Parish School Board.
The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics would not prohibit your son’s mechanic shop from transacting business with the St. Landry Parish School Board after your retirement as an employee with the school board. Section 1121B of the Code prohibits a former public employee, for the two year period subsequent to the termination of his employment with the agency, from rendering, on a contractual basis to or for the agency with which he was formerly employed, any service which such former public employee had rendered to the agency during the term of his public employment. Section 1121B also prohibits a former public servant for the two year period 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, in which the former public servant participated at any time during his public service and involving his former agency. Since your son is not a former public servant, the post employment restrictions contained in Section 1121B of the Code are not applicable to him or his company.
However, the Board concluded, and instructed me to inform you, that Section 1121B of the Code would prohibit you, for the tow years following the termination of your employment from the school board, from assisting your son’s mechanic shop in any transaction involving your department and in which you participated while employed with the school board.
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 as to laws other than the Code of Governmental Ethics. If you have any questions, please contact me at (800) 842-6630 or (225) 219-5600.
LOUISIANA BOARD OF ETHICS
Tracy K. Meyer
For the Board