| Advisory opinion request concerning post-employment restrictions that would apply to Brian L. Young, Sr., a former employee with the Governor's Office of Homeland Security and Emergency Preparedness. |
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Brian L. Young, Sr. retired from GOHSEP in September, 2012, after working as a Disaster Recovery Specialist since April, 2007. His job duties included coordinating with sub-grantees to ensure compliance with all public assistance program requirements and timely project closeouts, reviewing grant documentation for completeness and compliance with federal and state guidelines, and submitting complete requests for reimbursement in accordance with programmatic guidelines. Mr. Young is now considering accepting an employment opportunity with GCR, Inc. as a Closeout Specialist. His 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 Mr. Young worked on while employed with GOHSEP are closed and neither he nor GCR, Inc. will be assisting with them.
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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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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