| Advisory opinion request regarding whether the former Chief Electrical Engineer of the Substation Engineering Department for the Lafayette Utility System, Scotty Touchette, for may provide services to a company that does business with the Lafayette Utility System. |
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The Department of Utilities of Lafayette City -Parish Consolidated Government (known under the trade name "Lafayette Utilities System" or "LUS ") has the position of Chief Electrical Engineer. This position is a classified civil service position. It supervises four engineers in the Substation Engineering department of LUS. Recently, the Chief Electrical Engineer of LUS, Scotty Touchette, separated from his position at LUS and took a position in the private sector. In his new position, Mr. Touchette is a "Sales Engineer" for Power Connections, Inc., an Alabama company that is a reseller of certain stock items that LUS uses in its electrical operations.
The duties of a "Sales Engineer" for Power Connections, Inc. include development and delivery of product demonstrations; pre -sales and aftermarket product support; representing products to customers and at field events such as conferences and seminars; conveying customer requirements to product management teams within the company.
Depending upon the quantities needed, most, if not all, of the items available for sale through the Power Connections, Inc. would be subject to competitive bidding or other forms of competitive procurement. However, some of the product lines represented by Power Connections, Inc. (particularly certain products manufactured by Schweitzer Engineering Laboratories ("SEL ") would be a "sole source" to LUS, in the sense that SEL is either the only manufacturer of those products, or the use of non -SEL products in combination with SEL products could cause malfunctions in the LUS electrical system.
Mr. Touchette would not be in a position to render any service to LUS in his new private position that he rendered to LUS while he was Chief Electrical Engineer. Generally, he also would not be in a position to sell stock items to LUS for projects that he worked on while he was Chief Electrical Engineer, and LUS would intend to handle its relationships with him such that he would not be placed in such a position.
The Chief electrical engineer for LUS is responsible for all the activities of Utilities Engineering related to electric substations, transmission and distribution planning, and system protection. Also responsible for design, project bidding, construction management of all substation and transmission line facilities and associated protection systems. Incumbent works under the general direction of the Engineering and Power Supply Manager, and has supervisory responsibilities for a moderately sized professional and technical staff.
Mr. Touchette is aware of and consents to the Advisory Opinion request.
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Section 1121A(1) prohibits a former agency head, for a period of two years following the termination of his public service, from assisting another person for compensation in a transaction, or in an appearance in connection with a transaction, involving his former agency or render any service on a contractual basis to or for such agency.
Section 1102(3) defines an agency head as the chief administrative officer of an agency.
Section 1121B(1) states No former employee shall, for 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(12) defines governmental entity as the state or any political subdivision which employs the public employee or employed the former public employee.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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