| Advisory Opinion request of Collins Landry, an employee of DOTD, regarding post-employment restrictions. |
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Collins Landry is employed by DOTD as a District Utilities Specialist. He is assigned to District 61, which is comprised of the following parishes: Pointe Coupee, West Feliciana, East Feliciana, Iberville, West Baton Rouge, East Baton Rouge, Ascension, Assumption, and St. James. His duties include oversight of all functions related to utility relocation and installation associated with highway construction projects in District 61. He does not issue permits or provide any services in relation to permits in District 61. He is supervised by District Construction Coordinator, Mark Kelley.
Mr. Landry is a partner is L&R Permit & Utility Consultants, LLC (L&R), which helps coordinate permits for railroad companies, subcontractors, and utility companies. A part of this work involves assisting with the preparation of necessary documentation for the required permits, which is ultimately forwarded to DOTD for permit approval. L&R performs all of its work outside of DOTD District 61. L&R's future prospective work may include performing subsurface utility engineering, which requires physically locating underground utilities for engineering firms.
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La. R.S. 42:1121B provides 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 the 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.
La. R.S. 42:1121C provides that no legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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