| Advisory opinion regarding whether Michael Watts, a former employee of the Department of Transportation and Development, can assist private nonprofit organizations that serve the elderly and persons with disabilities, as an independent consultant. |
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Prior to May of 2014, Michael Watts was employed as the 5310 Program Manager within the Public Transportation Section of the Department of Transportation and Development (DOTD). The 5310 Program is a federal program administered by DOTD that provides financial assistance to private nonprofit organizations to obtain paratransit vehicles at fifteen percent of the state contract price. The Federal Transportation Administration (FTA) allocates funds to DOTD annually, and the participants must reapply each year under the 5310 Program. As the 5310 Program Manager, Mr. Watts provided oversight of the use of the paratransit vehicles to ensure they were properly maintained and transporting sufficient numbers of clients to justify the use of federal funds.
Thereafter, Mr. Watts was employed as the Safety and Security Program Manager within the Public Transportation Section until his retirement from DOTD in January 2015. As the Safety and Security Program Manager, he monitored the safety and security plans of the private nonprofit organizations that had been awarded grants from the Public Transportation Section. While the safety and security plans were reviewed annually, he did not serve in the position during that process.
As an independent consultant for private nonprofit organizations that serve the elderly and persons with disabilities, Mr. Watts will provide driver training, including vehicle, driver, and passenger safety. Additionally, he may provide Passenger Assistance Service and Safety (PASS) training, a certification program offered by the Community Transportation Association of America that is not currently required by DOTD. Finally, he intends to assist with grant applications, advise new organizations receiving FTA funds, and conduct office safety meetings.
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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 he participated at any time during his public employment and involving his former governmental entity, or for a period of two years following termination of his public employment, from rendering any service which he 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 his former agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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