| Advisory opinion request by David Eberly regarding whether he may assist Zurich Insurance in a construction claim involving the New Orleans Airport within two years of his termination of employment with City of New Orleans Office of Inspector General's Construction Fraud Division. |
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David Eberly served as the Deputy Assistant Inspector General for the City of New Orleans until January 27, 2017. The focus of his duties were to prevent fraud, waste and abuse for the construction of the North Terminal Project at the Louis Armstrong New Orleans International Airport. This included invoice review, progress meeting attendance, disadvantage business enterprise compliance, complaint response and related investigations.
Mr. Eberly is currently employed by J.S. Held, LLC. J.S. Held is a consulting firm specializing in construction claims including property damage, surety and builders risk. Zurich Insurance is a client of J.S. Held who has a construction claim at the New Orleans Airport. The basis of the insurance claim occurred after Mr. Eberly left his position with the Inspector General's Office. It involves seven concrete piles used during the construction of the North Terminal Project that were damaged after they were installed. While he reviewed the invoices of this particular contractor and sub contractor as an employee of the Inspector General's Office, he did not review or participate in this transaction while employed by that agency.
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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. You were employed by the City of New Orleans Inspector General's Office and participated in the inspection process of the construction site involving the constriction claim with the New Orleans Airport.
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| Assigned Attorney: |
Brett Robinson |
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