| Advisory opinion request regarding the post-employment restrictions of Matthew Valliere if he were to terminate his employment with the Office of Public Health (OPH) and accept employment with Capitol City Family Health Center (CCFHC). |
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Mr. Valliere would serve, if hired, as Chief Executive Officer of CCFHC. CCFHC has a contract with OPH through the Center for Community and Preventive Health (CCPH) to provide Women, Infant, and Children's Services (WIC). CCFHC establishes client eligibility, provides nutrition counseling and issues food vouchers to those who meet the eligibility criteria for WIC. The contract between CCFHC and OPH is extended annually based on satisfactory contract performance.
Matthew Valliere is currently employed as the Deputy Director of CCPH within OPH within the Department of Health and Hospitals. This is a supervisory position in that he determines work assignments, recommends hiring and promotions, trains staff, reviews and approves work and has eleven direct subordinates. He assists the Director of CCPH, Assistant Secretary, and Chief of Staff in the formulation and interpretation of general policies and organizational structure as it relates to divisional sections, programs areas, and the OPH regional offices; and, participates with other executive staff in assisting OPH administration in the major planning of policies, programs, and organizational structure of the statewide health programs.
He provides direct administrative and functional supervision to the programs managers directing Maternal and Child Health, Nutrition (WIC), Genetics, Family Planning, Children's Special Health Services, Tuberculosis, Oral Health, HIV/AIDS and Immunizations.
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La. R.S. 42:1121B provides that 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 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: |
Brett Robinson |
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