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Advisory opinion regarding whether Peter Allain, an employee of the Department of Transportation and Development (DOTD), may submit a bid for a contract with DOTD for work to be performed following his retirement from DOTD. |
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Peter Allain is the Division Administrator for the the Traffic Engineering Division for DOTD. Mr. Allain is responsible for the administration of the traffic engineering functions for state highways. In all his years with DOTD, Mr. Allain has had no contact with the Louisiana Technical Assistance Program, the Local Road Safety Program, of the Highway Safety Section. Pursuant to 48:757A.(1), Mr. Allain, as a DOTD employee, is prohibited from working on local roads and streets.
Mr. Allain will complete his 3 years in DROP in December 2013 and does not want to retire prior to that date.
Mr. Allain is considering submitting a bid to contract with the Louisiana Technical Assistance Program to become a contract employee to provide professional engineering services in connection with the Local Road Safety Program (LRSP). The contract will be advertised through DOTD. The project manager for the contract is employed in the Highway Safety Section within the DOTD Office of Intermodal Planning.
The goal of the LRSP program and this contract is to reduce crashes and fatalities on Louisiana's local roads by assisting local governments with technical assistance in selecting and implementing roadway improvements.
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La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1121A(1) provides no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that former agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121B provides 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, or for a period of two years following the termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public 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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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