| Advisory opinion request by Dr. Patrick Fitpatrick regarding whether the post-employment restrictions following his termination from the St. Tammany Levee Drainage and Conservation District (District) would prevent him from participating in Phase 2 of a competition concerning a Request for Qualifications (RFQ) for the St. Tammany Parish Coastal Protection Study. |
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The last meeting Dr. Fitzpatrick served as a board for the St. Tammany Levee Drainage and Conservation was on April 20, 2016. Since his termination from the District, the District formulated the Coastal Protection Study. The winner of the RFQ for the study would most likely enter into a contract with the District for services. The professional groups that are interested in Dr. Fitzpatrick's participation in the study are RCL, CDM Smith, Worldwinds, and BFM. His assistance with these groups with Phase 2 of the competition would be as an expert on storm surge and hurricanes.
The services that he might perform if the professional group was chosen would be studying storm surge, surge probabilities for nuclear plants, levee and wetland impact on surge, and precipitation studies. He estimates that the project would not begin until the Spring or Summer of 2018. Finally. Dr. Fitzpatrick stated that has received no compensation regarding any aspect of this project, and will not receive any compensation for the proposal phase either.
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La R.S. 42:1121A(1) provides that no former agency head shall, for a period of two years following the termination of his public service as the head of such agency, assist another person, for compensation, or in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121A(2) provides that no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
La. R.S. 42:1121B(1) 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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