Meetings
 
Agenda Item
Docket No. 16-882
 
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RE:
Advisory opinion request from Phillip Macaluso, a Traffic Operations Construction Maintenance Manager with the Department of Transportation and Development (DOTD), regarding his potential post-employment restrictions if he were to retire.
Facts:
Mr. Macaluso has been employed by the DOTD as a Traffic Operations Construction Maintenance Manager of the Statewide Signing & Pavement Operations Gang 002 since 2001. In this position, he manages four statewide crews that install and maintain interstate guide signs. His job duties include scheduling work, ordering material, preparing specifications and looking for new products for better sign installations. He inspects contractor work in signing and pavement markings. He also supervises twenty people including approving time sheets, pay increases, performing peer reviews, or any other job function concerning the employees compensation and titles.

Mr. Macaluso may seek possible employment by Allied Tube and Conduit, Xcessories Squared, Command Construction or any other sign installer for quality control should he decide to retire. Some of these companies would require travel to other states to show them how to install their different signing products. He stated that he would not work in the state unless approved to do so. These companies only supply products to his agency for use and do not provide any other service. These products are subject to inspection before use. Mr. Macaluso also has been approached by striping contractors for possible employment. These companies have contracts or sub-contracts to perform work for Statewide Signing & Pavement Operations, his agency. His agency reviews their work.

Law:
La. R.S. 42:1121A(1) provides that no former agency head shall, for a period of two years following the termination of his public service as the head of such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency. 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 to, for, or on behalf of the agency with which he was formerly employed.
Recommendations:
Adopt proposed advisory opinion.
Assigned Attorney: Brett Robinson
 
 
ATTACHMENTS:
Description:
2016-882 Proposed Opinion
2016-882- Additional Info
2016-882- Org. Chart
2016-882 - Advisory Opinion Request