| Advisory opinion regarding whether Christopher Abadie, a Materials Engineer Administrator with the Department of Transportation and Development (DOTD), may, on his retirement, accept a position as a quality manager with a company that produces a product currently approved to be used on DOTD projects. |
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Christopher Abadie is the Materials Engineer Administrator with DOTD. He is responsible for the quality assurance of materials, which involves administering engineers and technicians that are responsible for reviewing test results and performing tests of various producers and/or suppliers. Currently, there are over 700 producers and/or suppliers that his department reviews test results and list as potential suppliers for contractors who bid on state highway contracts. Through review of test results, the materials labs verifies that the producer and/or supplier is capable of meeting standard specifications.
Mr. Abadie further states that he is the appointing authority and division head with supervisory responsibilities for 54 classified employees in his division. His primary job function is administration of the quality assurance program for DOTD.
Mr. Abadie is eligible for retirement. He is interested in obtaining a position as a quality manager with a company that produces a product that is currently approved for use by contractors on work for DOTD. As a quality manager, he would be responsible for providing documentation that describes the product characteristics and he would be responsible for reporting test data to the company management and employees. The other employees would use these reports or documents in communicating the quality of the product to the end user or agency, i.e., DOTD. Mr. Abadie states he would not be involved in any decisions regarding DOTD or have contact with DOTD regarding the product.
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La. R.S. 42:1121A(1) provides no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that former agency or render any service on a contractual basis to or for such agency.
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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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