Meetings
 
Agenda Item
Docket No. 13-1204
 
Print
RE:
Advisory opinion request concerning post-employment restrictions that would apply to Kimberly Darby, a former employee with the Governor's Office of Homeland Security and Emergency Preparedness.
Facts:
Kimberly Darby began working for the Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP) in January, 2008, as a Grant Manager/Disaster Recovery Specialist. Her job duties included providing guidance to applicants regarding reimbursement from the Federal Emergency Management Agency (FEMA) and processing and monitoring grant funds. In March, 2012, Ms. Darby changed positions within GOHSEP to become a Closeout Specialist. Her new job duties included advising applicants of grant management and audit requirements, conducting a final review of all invoices, contracts, procurement, and other supporting documentation related to FEMA project worksheets, ensuring compliance, and preparing a final project worksheet as required by FEMA. Ms. Darby has never worked in a management or supervisory role in either of these positions with GOHSEP. She terminated her employment with GOHSEP in June, 2013, and is considering accepting an employment opportunity with GCR, Inc. as a Closeout Specialist. Ms. Darby's duties with GCR, Inc. would include closing out FEMA grants awarded to grantees in Louisiana, conducting site visits, performing audit reviews for grantees to ensure compliance with laws, rules and regulations relating to specific FEMA project worksheets. All projects that Ms. Darby worked on while employed with GOHSEP are closed and neither she nor GCR, Inc. will be assisting with them.
Law:
La. R.S. 42:1121B(1) states that no former public employee shall, for a period of two years following the termination of his public employment, 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. Section 1102 (16) defines "person" as an individual or legal entity other than a governmental entity, or an agency thereof. Section 1121B(1) goes on to prohibit a former public employee, for a period of two years following the termination of his public employment, from rendering any service which such former public employee had rendered to the agency during the term of his 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 prohibits any entity in which a former public servant is an officer, director, trustee, partner, or employee for a period of two years following the termination of his public employment, from assisting another person, for compensation, in a transaction or in an appearance in connection with a transaction in which such public servant participated at any time during his public employment and which involves his former public employer.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2013-1204 Draft Advisory Opinion
2013-1204- Advisory Opinion Request