| Advisory opinion request regarding whether James Clark, a former employee of the Governor's Office of Homeland Security and Emergency Preparedness, can provide services pursuant to a contract between his current employer, Deloitte & Touché, LLP, and the State of Louisiana involving the Disaster Recovery Division. |
|
From February 2012 through March 2014, James Clark was employed as the Executive Officer for the Disaster Recovery Division (Disaster Recovery) within the Governor's Office of Homeland Security and Emergency Preparedness (Office). As Executive Officer, Mr. Clark was responsible for administering the Stafford Act Individual Assistance, Public Assistance, and Hazard Mitigation programs through the federal government, as well as State assistance provided through the Interim Emergency Board. Additionally, he was involved in the administration of recovery grants, grant close out and management of technical and programmatic requirements for Disaster Recovery.
Thereafter, until May 2015, Mr. Clark was employed as the Assistant Deputy Director for the Grants and Administration Division (Grants & Administration) within the Office. As Assistant Deputy Director, he was responsible for managing the administrative costs for the Stafford Act programs and providing financial services to process payments. The grants for State Management Cost, for which Mr. Clark was responsible, cover the Office's costs for facilities, salaries, contracts, and other operating costs to administer the programs.
In Mr. Clark's current position as Senior Manager of Crisis Management for Deloitte & Touché, LLP (Deloitte), he would be providing technical services in support of Stafford Act grant programs, including the Public Assistance and Hazard Mitigation programs, which are administered by the Office. As such, he would be administering the grants provided to rebuild government infrastructure under the Stafford Act. These services would support an external audience and assist the Office in executing its mission as opposed to supporting the Office's internal operations.
|
|
La. R.S. 42:1121A(1) prohibits a former agency head, for a period of two years following the termination of his public service as the head of such agency, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or rendering any service on a contractual basis to or for such agency.
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.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
Haley Williams |
|
|