| Advisory opinion request regarding whether Paul Carroll may work on the Schneider Canal Levee Project, as an employee of Picciola & Associates, within two years of the termination of his employment with St. Tammany Parish. |
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Paul Carroll terminated his position as Drainage Engineer with the St. Tammany Parish Department of Public Works (Department) on September 11, 2015. During his employment with the Department, he was the engineer in charge of the Schneider Canal Levee Project (Project). As such, he created the levee alignment, determined the heights required for the constructed segments, designed some segments, oversaw consultants that designed other segments, and oversaw the contractors that were responsible for the construction. Nevertheless, because of the Project's funding constraints, the levee system has been created in segments. Some segments are complete, other segments need to be raised later, and some have not yet been constructed.
If his current employer, Picciola & Associates, is hired by the St. Tammany Levee, Drainage, and Conservation District (Levee District) to work on the Project, Mr. Carroll would perform engineering services, including design, construction oversight, and modeling to determine the heights required as different locations, as requested. Pursuant to La. R.S. 38:329.6, the Levee District is a political subdivision of the State of Louisiana, so he would not be working on the Project for the Parish.
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La. R.S. 42:1121B(1) prohibits a former public employee, for a period of two years following the termination of his public employment, from assisting 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 termination of his public employment, rendering, 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. 42:1102(4) defines "assist" to mean to act in such a way as to help, advise, furnish information to, or aid a person with the intent to assist such person.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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