| Appearance in connection with an advisory opinion request regarding whether William R. Aldridge, recently retired from the U.S. Army National Guard, is a former public employee subject to the post-employment provisions in the Ethics Code. |
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Mr. Aldridge retired from the U.S. Army National Guard where he served as an Active Guard Reservist assigned to the Louisiana National Guard from August 1, 1994 until July 31, 2013. From August, 2009 through October, 2012, Mr. Aldridge served as the Construction Facilities Management Officer ("CFMO") while posted at Camp Beauregard and was responsible for supervising and managing the programming, design, and construction of Louisiana National Guard facilities.
As CFMO, Mr. Aldridge served as the Federal Program Manager for Real Property, having oversight of all federal funds received from the National Guard Bureau for the facilities program in Louisiana. The legal means for utilization of federal funds is through Cooperative Agreements between the State of Louisiana and the United States Government. On November 1, 2012, Mr. Aldridge's responsibilities as CFMO ended, and until his retirement on July 31, 2013, he was assigned to serve as the Special Projects Officer for the Director of the Joint Staff of the Louisiana National Guard, where he performed special duties assigned by the Director of the Joint Staff.
In 2010, while serving as CFMO to the Louisiana National Guard, Mr. Aldridge advised the State Military Department that a Multi-Purpose Machine Gun Range ("MPMG Range") project would be included in the Future Years Defense Program. This project was initiated by the J-3 Section of the Louisiana National Guard. As Camp Beauregard is a state-owned training site, the State of Louisiana would enter into a Master Construction Cooperative Agreement with the federal government to construct the federally-funded MPMG Range. Mr. Aldridge facilitated a programming charrette contracted by the National Guard Bureau for the J-3 Section of the Louisiana National Guard to have the Benham Group, an outside consulting firm, to develop the scope and cost of the MPMG Range. Mr. Aldridge was responsible for ensuring that the Benham Group had access to all of the digital site information and arranged for all necessary staff to meet with the Benham Group. No design effort occurred on the MPMG Range while Mr. Aldridge served as CFMO.
Prior to his retirement and while he was on terminal leave, Mr. Aldridge accepted an employment position as Vice-President of State Programs with "Ballard" in Alexandria, Louisiana. With Mr. Aldridge's assistance, Ballard submitted a Request for Proposal for architect services for the design of a MPMG Range for the State Military Department. The MPMG Range project is a state project funded under the State Capital Outlay Program as arranged by the State Military Department.
If Ballard is awarded the contract for architect services of the MPMG Range project, Mr. Aldridge will participate in the design of the project as an employee of Ballard. A representative for the Louisiana National Guard provided information that Mr. Aldridge worked under the direct supervision of General Barry Keeling while he was assigned to work at Camp Beauregard. General Barry Keeling is employed by the Louisiana National Guard.
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La. R.S. 1102(18)(a) defines public employee as "Public employee" means anyone, whether compensated or not, who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office. (ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof. (iii) Engaged in the performance of a governmental function. (iv) Under the supervision or authority of an elected official or another employee of the governmental entity.
Section 1121B(1) of the Code of Governmental Ethics 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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