| Advisory opinion regarding whether Cheryl D. Windham, Executive Counsel for the Department of Transportation and Development (DOTD), may accept employment with a law firm within two years of her retirement that represents parties and provide legal services for parties that have disputes and litigation handled by the Construction Unit of DOTD Legal Section for the Office of Engineering. |
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Cheryl D. Windham is Executive Counsel for the Louisiana Department of Transportation and Development (DOTD). Her job duties require her to serve as the chief legal advisor on any issue that is handled by the Secretary of DOTD. She also is required to lead all design build procurements and review all documents sent to the Secretary for signature and provides functional supervision over the Internal Auditor.
DOTD also has a legal section directed by the General Counsel, who reports directly to the Office of Management and Finance Undersecretary and Deputy Undersecretary.
The legal section consists of three units: Construction, General Law, and Property. The Construction Unit represents DOTD in contract and construction disputes, as well as, subsequent litigation arising from highway and bridge construction, design, public bidding and liens. These areas fall under the direction of the Office of Engineering, Chief Engineer.
As Executive Counsel, Ms. Windham has provided advice to the Secretary on particular construction matters and provided supervision over outside counsel on particular cases.
Ms. Windham is eligible to retire on September 30, 2015 and she is seeking employment at a law firm that represents parties and provides legal services for parties that have disputes and litigation handled by the Construction Unit for DOTD.
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La. R.S. 42:1121B provides 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, 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.
La. R.S. 42:1121C provides that no legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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