| Advisory opinion request, submitted on behalf of the First Planning District Workforce Development Board, regarding whether it may contract with Jennifer Barnett to provide professional services following the termination of her employment with the Louisiana Workforce Commission. |
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As with all of the fifteen Local Workforce Development Boards (Local Boards) across the state, the First Planning District Workforce Development Board (District Board), which serves Plaquemines, St. Bernard, and St. Tammany parishes, is federally regulated and governed by the Workforce Innovation & Opportunity Act (WIOA). Each Local Board is certified by the Governor of Louisiana and overseen by a designated Chief Local Elected Official. The Chief Local Elected Official for the District Board is the St. Tammany Parish President who has further designated St. Bernard Parish Government as the administrative entity/grant recipient. Additionally, all of the District Board's staff are employees of St. Bernard Parish Government - Workforce Program.
The District Board issued a Request for Proposals to procure a contractor to serve as the One-Stop System Operator and Functional Business & Career Solutions Center Leader (Operator) in tri-parish area, pursuant to the WIOA. The Operator will provide oversight of the workforce system and will assist the District Board in ensuring compliance with relevant federal, state, and local laws and policies. The Operator will also provide oversight and management of co-located program staff within the Business & Career Solutions Centers.
The Louisiana Workforce Commission (Commission) serves as a "pass through" for the federal funds allocated the Local Boards under the WIOA. The Commission also provides technical assistance and support, operates the statewide virtual one-stop, and provides labor market statistical information to Local Boards. Jennifer Barnett is currently employed as Regional Industry Sector Coordinator (Coordinator) with the Commission. Ms. Barnett's duties include presenting industry sector data and related information at the District Board's meetings, reporting regional activities and initiatives, facilitating presentation to various key workforce stakeholders and employers in the local area. As the Operator, Ms. Barnett would be responsible for overall management of the One-Stop Delivery System within the area; coordination of the delivery of workforce services within the One-Stop Centers throughout the area; compliance, oversight, and implementation of service delivery; oversight and/or facilitation of center activities; and, serve as a liaison to the community, partner agencies, and employers for the workforce system.
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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 her 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 her public employment and involving the governmental entity by which she was formerly employed, or for a period of two years following termination of her public employment, render, any service which such former public employee had rendered to the agency during the term of her public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which she was formerly employed.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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