| Advisory Opinion request from Hubert E. Graves, former DOTD employee, regarding post-employment prohibitions. |
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Hubert Graves was employed by the Louisiana Department of Transportation and Development (DOTD) for thirty one years, until his retirement on May 31, 2018. The last five years he served as a Right of Way Agent 8 in the position of Real Estate Administrator over the Real Estate Section within the Office of Engineering. He was an agency head for the Real Estate Section only and was not a part of the DOTD Executive Staff. As part of Mr. Graves's duties, he was responsible for directing and controlling all right of way activities on state highway and DOTD owned properties. He was statutorily prohibited from working on local roads and streets in accordance with La. R.S. 48:757A(1).
Mr. Graves now wishes to provide services related to project management, real estate acquisition, and relocation assistance associated with utility servitudes, levee rights of way, non-state highways, and other projects. He asks about the following possible situations:
1. Mr. Graves would like to provide these services directly to local public agencies, including city and parish governments.
2. Mr. Graves would like to enter into an independent contractor agreement with GCR, Inc. to provide title research, right of way acquisition, and relocation assistance for the following projects: (a) Laurel Ridge Levee Extension in Ascension Parish; (b) projects for the Louisiana Coastal Protection and Restoration authority; and (c) "Move Ascension" transportation initiative in parts of Gonzales and Northern Ascension Parish. None of these projects involve transactions with the Real Estate Section of DOTD.
3. Mr. Graves would like to enter into an independent contractor agreement with Graves Public Services, LLC to provide project management services in connection with the Coastal Protection and Restoration Authority's (CPRA) Flood Risk and Resilience Nonstructural Protection Program Development, as well as any other non-DOTD projects that may arise.
Mr. Graves acknowledges that he cannot participate in any transactions in which he participated while employed by DOTD or render any service to DOTD Real Estate Section through GCR, Inc. or Graves Public Services, LLC.
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La. R.S. 42:1121A(1) provides no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that former agency or render any service on a contractual basis to or for such agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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