| Advisory opinion request by Michael LeBlanc regarding the application of the post employment provisions since his termination as a Planning Manager from Lafayette Consolidated Government (LCG) and Acadiana Planning Commission. |
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Michael LeBlanc left the position of Planning Manager with LCG on June 30, 2015. He was subsequently employed by the Acadiana Planning Commission (APC) from July 2015 until July 2016. This occurred when his agency, the Lafayette Metropolitan Planning Organization, within LCG was transferred to the APC.
Mr. LeBlanc has been asked to work as a part-time consultant for the City of Broussard performing tasks that would be informed by his LCG and APC duties. He would perform project management specific projects for the City of Broussard. Specifically, he is being requested to transfer federal funds funneled through the Louisiana Department of Transportation and Development (DOTD) from an existing project to another project as part of the Transportation Improvement Plan (TIP). He is familiar with the process but did not provide services to municipalities on actual budgeted funds for specific projects. Mr. LeBlanc would not be transferring funds from any existing project he designed or planned for either APC or LCG.
Mr. LeBlanc's duties as Planning manager for the LCG included the supervision of one to four planners and draftsmen, who together worked on plans for the City of Lafayette and Lafayette Metropolitan Planning Area Plans which included the City of Broussard. However, he supervised no employees while employed by APC. Mr. LeBlanc worked on system wide plans without a specific reference to any one entity for location of future roadways and their costs, system wide functional plans related to pedestrians, transit, and bikeways. He also worked on specific projects, including Ambassador Caffery Parkway South in the City of Broussard, all of which were related to design, rational sequence of activities, and estimated costs. He did not participate in the actual allocation or expenditures of funds for these projects. However, the only time he did administer funds and contracts was the Marais des Cannes Project located in the City of Scott and the unincorporated area of Lafayette Parish. He has never tracked spending of specific roadway projects.
The components of the Ambassador Caffery Parkway Southern project were completed in 2010. There are remaining components of the plan related to sidewalks and landscaping that remain to be completed in the future by the City of Broussard. He did work on these projects while employed by LCG until June 30, 2015 but did not work on the projects while employed by APC.
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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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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