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Advisory opinion request regarding whether George Wallace, an employee of the Louisiana Tax Commission, is prohibited from contracting with his former employer, the Louisiana Department of Transportation and Development (DOTD), to provide right-of-way appraisal services. |
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Mr. Wallace requested an advisory opinion regarding whether the Code of Governmental Ethics prohibits him, an employee of the Louisiana Tax Commission, from contracting with, his former employer, DOTD to provide right-of-way appraisal services. Mr. Wallace terminated his public service with DOTD on July 18, 2014. Since that time he gained employed with the Louisiana Tax Commission, as a Specialist II.
Prior to leaving employment with DOTD, Mr. Wallace requested an advisory opinion regarding the application of post employment restrictions to him when he retired from DOTD, where Mr. Wallace had been employed as a right-of-way review appraiser.
The Board concluded in docket number 2012-1468, that the post employment restrictions found in La. R.S. 42:1121B(1) would not prohibit him from performing contract work as a Real Estate Appraiser for DOTD. La. R.S. 42:1121.B(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 on behalf of the agency with which he was formerly employed.
The Board reasoned that because he would not be working on any project that he worked on in his previous service with DOTD, Mr. Wallace would not contracting to provide the same services he provided to his agency during his employment, and he would not be assisting a person, for compensation, in a transaction in which he participated, no violation of the Code would be presented.
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La. R.S. 42:1121B 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 the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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