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Advisory opinion request regarding Mr. William K. Rhinehart's former employment with the Louisiana Coastal Protection and Restoration Authority (CPRA), and what limitations the post employment provisions in the Code of Ethics will have on Mr. Rhinehart's new position with Royal Engineers and Consultants. |
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Mr. Rhinehart was employed by CPRA as a Coastal Resources Division Administrator for the Planning and Research Division until his resignation on April 19, 2013. As Division Administrator, Mr. Rhinehart had supervision over more than twenty employees in the Planning and Research Department wherein it was his responsibility to recommend staff for personnel matters, including but not limited to, hiring, firing, and merit increases. Final approval on all such personnel matters was made the Executive Director.
Mr. Rhinehart's duties as Administrator included the issuance of specific task orders for applied research activities to the Water Institute of the Gulf through a Cooperative Endeavor Agreement between the CPRA and The Water Institute of the Gulf. In this capacity, Mr. Rhinehart oversaw his division in the writing of the scopes of service. It was the Planning and Research Division's responsibility to identify the scientific need. Then the Water Institute of the Gulf would actually conduct the research. Prior to conducting the research the Water Institute would prepare a budget for the work, which Mr. Rhinehart's Division would review and recommend to the Executive Director for final approval. Following the completion, the Water Institute of the Gulf would seek payment from the CPRA for costs of conducting such research (costs were based on an hourly rate depending on the person(s) working on the research project). It would be the responsibility of Mr. Rhinehart to approve that the costs were appropriate.
Mr. Rhinehart is now employed by Royal Engineers and Consultants, a private consulting company which wants to draw upon his expertise and experience to consult with the Water Institute of the Gulf regarding matters other that the task orders that he handled as an employee of the CPRA. Mr. Rhinehart's job duties with Royal Engineers will generally be providing environmental consulting. Mr. Rhinehart will also be working with state entities across the Gulf, including other state agencies (e.g. LDWF, DEW, DOTD, DNR), but not CPRA. Further, since the Water Institute has significant funding from other non-state entities, and conducts work for such groups as the Baton Rouge Area Foundation, Mr. Rhinehart will be assisting the Institute in such matters. Mr. Rhinehart also intends to work with CPRA counterparts in Mississippi and Alabama particularly to develop a strategic vision for expanding the Water Institute's presence in the Gulf Coast outside Louisiana. In no way will Mr. Rhinehart work with the CPRA, and will particularly have no interaction with the Planning and Research Division. Mr. Rhinehart seeks this opinion regarding the extent in which he may be able to work with the Water Institute of the Gulf while employed with Royal Engineers and Consultants.
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Section 1121A of the Code of Ethics states that no former agency head shall, for a period of two years following the termination of his public service as the head of such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction involving that agency.
"Agency head" means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
Section 1121B of the Code of Ethics states that no former public employee for a period of two years following the termination of his public employment shall assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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