| Advisory opinion request concerning post-employment restrictions that would apply to Eileen Fourroux, an employee of the Department of Children and Family Services. |
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Eileen Fourroux officially retired from DCFS on October 1, 2011, and is currently employed with DCFS performing part-time WAE duties relating to coordination, facilitation, and management of Louisiana Children's Justice Act Task Force program activities. Ms. Fourroux is interested in accepting a job as an administrative assistant to the Executive Director with the Pelican Center for Children and Families ("Pelican Center"). Her job duties would include a range of administrative support activities related to projects undertaken by Pelican Center.
If she decides to accept this position with Pelican Center, Ms. Fourroux will terminate her employment with DCFS entirely. The Pelican Center is not under the supervision or jurisdiction of DCFS and currently is not engaged in any transactions with DCFS and does not receive any funding from DCFS.
However, it is foreseeable that Pelican Center may engage in transactions with DCFS in the future, such as the receipt of federal and state funds administered by DCFS. Any such transactions between the Pelican Center and DCFS would not involve any matters in which Ms. Fourroux participated during her employment with DCFS. Ms. Fourroux has provided contract services related to the start-up and initial operations of the Pelican Center in the past. These services were not related to the responsibilities, programs or operations of DCFS in which she participated.
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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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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