| Advisory opinion request by Bill King regarding whether he may submit a bid for contract services with the Department of Transportation and Development (DOTD), another state agency, or perform consultant work following his retirement from the Research and Development Section (Section) within the Louisiana Transportation Research Center (LTRC) of DOTD. |
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Mr. King is currently employed as the materials research administrator for the Section of LTRC. He reports directly to the LTRC research director. His primary research functions are on asphalt materials, concrete materials, engineering materials characterization and structures research with the primary goal of publishing final reports in the various topics developed in each of these areas.
Mr. King is considering submitting a bid to become a contract employee for professional services to the Bridge Design Section of DOTD to develop a program to assign ratings to off-system bridges dealing with local and parish municipalities around the state. He has not developed any engineering programs. He also has applied for positions at Louisiana State University. Finally, He has applied for consulting positions throughout the state to do project management.
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La. R.S. 42:1121A(1) of the Code of Governmental Ethics (Code) 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.
La. R.S. 42:1121B(1) provides the general rule governing the post employment restrictions for former public employees. It provides that "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, 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 the proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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