| Advisory Opinion request of John Rahm with the Office of Technology Services (OTS) within the Division of Administration. |
|
John Rahm has been employed by OTS since August of 2014. He currently serves as an Information Technology Statewide Project Officer, in the Vendor and Provider Management section, Office of Operations, within OTS. He is not a department, section, or agency head.
Mr. Rahm's duties include assisting executive branch agencies with the procurement of information technology (IT) goods and services. Specifically, he assist these agencies by: (1) preparing procurement documents such as Requests for Proposals and Invitations to Bid; (2) presenting documents to the Office of State Procurement for review and approval to issue; (3) assisting with the evaluation of bid/proposal responses received from vendors; and (4) drafting and negotiating contracts with the winning proposers. He has assisted agencies such as the Department of Health (LDH), Department of Children and Family Services (DCFS), Department of Revenue (LDR), Department of Environmental Quality (DEQ), and the Department of Transportation and Development (DOTD).
Mr. Rahm is retiring on June 30, 2018, with the potential to become an employee of a state contractor, and seeks guidance regarding possible situations in which his services could be employed as a contractor.
|
|
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.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
David Bordelon |
|
|