| Advisory opinion request regarding whether DOTD employee Kimberly McDaniel may accept employment with CobbFendley, an engineering and consulting firm based out of Houston, Texas. |
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Kimberly McDaniel, requested an advisory opinion regarding whether Section 1121B(1) of the Code would prohibit her from accepting employment with CobbFendley, an engineering and consulting firm based out of Houston, Texas.
Ms. McDaniel has been employed in Section 77 as a Traffic Engineer with DOTD since October 1, 2008 and she is not a section chief or division head. Ms. McDaniel's job duties at DOTD include researching and developing policies, laws and procedures regarding the state highway system, performing internal studies on potential roadway improvements, and handling appeals by applicants for traffic engineering related permits. She stated that CobbFendley currently has no contracts with Louisiana DOTD.
Further, Ms. McDaniel stated that during her tenure as an employee of DOTD you have only worked on two projects, both were non-engineering, non-competitive, single source contracts to develop web-based access management tools.
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La. R.S. 42:1121B(1) prohibits a public servant, for a period of two years following the termination of his public employment, from rendering any service which such former public employee 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 draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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