| Advisory opinion request by Kimberly Rodrigue, a former employee with the Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP), regarding whether the post-employment prohibitions would prevent her from working with Arcadis as a management consultant. |
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Kimberly Rodrigue terminated her employment with the GOHSEP on July 1, 2016. Arcadis does not have any contracts directly with GOHSEP but they do have contracts with applicants/projects.
In October of 2011, Ms. Rodrigue switched positions within GOHSEP from Non-Disaster Grants Team Lead to SAL (State Applicant Liaison) Team Lead. As a SAL Team Lead for GOHSEP, she managed a staff of three SALs that had specific Louisiana applicants/projects assigned to them. In that role, her primary duties were to supervise the day-to-day operations of the SALs, provide guidance and oversight to the SALs in regard to application development, technical assistance and project implementation. She was also responsible for ensuring accurate up-to-date guidance is given to Hazard Mitigation applicants on the full spectrum of FEMA mitigation grant programs, provide visibility and develop local knowledge of all mitigation assistance programs, and assist potential applicants with the mitigation grant process. Although this position is a management position, she stated that she never had approval or denial authority for any project. She also did not directly manage any applicants/projects. Finally, she was never involved in any decision making about hiring and/or contracting with any other agencies to assist GOHSEP with any of its Hazard Mitigation activities.
Her duties with Arcadis would consist of performing grant management functions with project funding agencies and clients pertaining to projects funded by GOHSEP/FEMA, LCDBG/HUD, CDBG/Disaster Recovery USDA, and the State of Louisiana etc. The grant management activities would consist of establishing/maintaining project budgets, coordinating requests for disbursements/reimbursements, and assist in project closeouts after completion. The project management functions would consist of coordinating GOHSEP/FEMA projects as liaison between GOHSEP and client/engineer/architect, respond to RFIs issued by GOHSEP, coordinate/maintain project schedules with engineers, coordinate project contracts and amendments with management and client, and assist management in project monitoring and reporting. If given the position at Arcadis, she would be a permanent W2 employee. She stated that all projects she would work on will be new projects that have not been presented to GOHSEP/FEMA.
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La. R.S. 42:1121B(1) 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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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