Meetings
 
Agenda Item
Docket No. 16-1048
 
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RE:
Advisory opinion request by Mark DeBosier, a former employee with the Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP), regarding whether the post employment prohibitions in La. R.S. 42:1121 would prohibit him from being compensated by the Orleans Levee District as an expert in an arbitration hearing involving the Federal Emergency Management Agency (FEMA).
Facts:
GOHSEP provides technical assistance in support of the recovering communities and administers grants awarded for natural disasters. Mr. DeBosier retired as an Assistant Deputy Director for Recovery GOHSEP on October 1, 2016. Mr. DeBosier had overall management responsibility for assisting applicants, like the Orleans Levee District, with securing federal recovery grants to rebuild after natural disasters such as hurricanes, major flooding events, etc.; reimbursement of their expenses as work progressed; assistance with dispute resolution; and, eventual grant financial closeout. Mr. DeBosier never testified as an expert in any previous arbitration with any other applicant.
While he was an employee of GOHSEP, he became aware of the arbitration dispute involving the Orleans Levee District. He met on several occasions with the Orleans Levee District to discuss its options and worked internally with GOHSEP staff to ensure that ongoing technical support was consistent with policy, regulation, etc. Since his retirement, Mr. DeBosier has worked on a pro bono basis with the Orleans Levee District. His departure from GOHSEP has left a temporary void and there is currently no one on staff with his knowledge and experience necessary to support the applicant/Orleans Levee District in the manner that he can. Further, the GOHSEP Director is highly supportive of his participation in the arbitration. If the Levee District is successful in its arbitration, the funds would be received by GOHSEP and transferred to the Levee District; however, GOHSEP would not maintain any portion of the funds through any fees or other retainers.
Law:
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.
Recommendations:
Adopt proposed opinion.
Assigned Attorney: Brett Robinson
 
 
ATTACHMENTS:
Description:
2016-1048 Proposed Opinion
2016-1048- More info
2016-1048- Additional Info
2016-1048 Advisory Opinion Request