| Advisory opinion request regarding post-employment restrictions that would apply to Angell Duplechain after she terminates her employment with the Louisiana Department of Environmental Quality. |
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Angell Duplechain is currently employed at DEQ in the Underground Storage Tank (UST) Program as a UST compliance inspector. Her duties include performing field inspections of underground storage tanks. Ms. Duplechain is considering terminating her employment at DEQ so that she can accept employment with another state agency in an unrelated field and part-time employment with Lottie Oil Company, a major oil company in the area. Her duties at Lottie Oil Company would include making training videos related to safety issues involving the delivery of gasoline and providing oversight to third parties during the installation and renovation of underground storage tanks. Ms. Duplechain inspected underground storage tanks owned by Lottie Oil Company in the past as part of her duties as a compliance inspector at DEQ. However, the inspections did not result in the requirement that Lottie Oil Company's underground storage tanks be renovated. Finally, Ms. Duplechain has never been responsible for the construction or renovation of underground storage tank during her employment with DEQ.
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Section 1121B of the Ethics Code prohibits a former public employee, for a period of two years following the termination of his public employment, from assisting another person, for compensation, in a transaction involving the agency of the former public employee, in which the public employee participated at any time during his public employment. Additionally, Section 1121B prohibits a former public employee, for a period of two years following the termination of his public employment, from rendering the same service which he rendered during his public employment on a contractual basis to, for, or on behalf of his former agency.
La. R.S. 1111C(2)(d) prohibits a public servant and any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, from receiving anything of economic value for services rendered from persons (1) who have or is seeking to obtain a contractual or other business or financial relationships with the public servant's agency; (2) who conduct operations or activities which are regulated by the public employee's agency; and (3) who have a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's office duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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