| Advisory Opinion request of Andrea Hebert, former employee of GOHSEP, regarding post-employment restrictions. |
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Andrea Hebert was previously employed with the Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP) from March 2015 until May 2016. She worked as a Public Assistance Closeout Specialist in the Disaster Recovery Division. Her job duties included the closeout of grants for assigned applicants to ensure each had an audit quality product, the review of files to ensure all necessary backup documentation was included, identifying any differences between obligated funds and claimed funds, and submitting closeout packets for review and comments. Her direct supervisor was Nathan Elkins, who held the position of Closeout Specialist Team Lead.
In September 2016, Ms. Hebert accepted a position at the Sulzer Group as a State Applicant Liaison in the 404 Hazard Mitigation Grant Program. Her primary duties include providing technical assistance under the 404 Hazard Mitigation program to sub-applicants to develop mitigation program applications for submittal to FEMA for review and approval.
CB&I was awarded GOHSEP contract No. 4400009902 to provide technically qualified personnel to the State in the administration of the grant programs listed in the National Flood Insurance Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act in connection with all current federally declared disasters and any subsequent presidentially declared disasters. In September 2016, CB&I entered into a subcontract with Sulzer Group to provide these services under the GOHSEP contract. Ms. Hebert had no involvement with the preparation of the contract, or the procurement of the contract by CB&I or the subcontract by Sulzer Group. Ms. Hebert's your job duties as a State Applicant Liaison with Sulzer Group are completely different than her duties while she was employed with GOHSEP.
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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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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