| Advisory opinion request by Benjamin Hartman, former employee Louisiana Coastal Protection and Restoration Authority (CPRA), regarding the application of the post employment provisions of La. R.S. 42:1121 to his current employment with Baird & Associates (Baird). |
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Mr. Hartment was employed as construction engineer in the Thibodaux Field Office of the Louisiana Coastal Protection and Restoration Authority (CPRA) from January 2016 until July 14, 2018. In that capacity, he provided guidance on the constructability and maintenance requirements of projects that were being designed by the CPRA Engineering Department in Baton Rouge; inspected projects that were in construction to make sure the activity was being conducted in accordance with sealed plans and specifications; prepared and reviewed invoices from construction contractors, recommending payment or modifications; prepared annual inspection reports of projects in maintenance; conducted emergency inspections of coastal projects; and, designed, drafted, and oversaw constructions jobs for modifications to existing projects in maintenance. His oversight included conducting daily or weekly inspections; received/reviewed daily construction contractors daily inspection reports; answered project questions from construction contractors and directed them to correct any errors; and, managed contract funds to make sure funds were being spent as planned.
He stated he had no direct supervision over CPRA employees or private contractors in his position with CPRA. He stated that the projects where he issued corrective guidance would not be considered supervision because the inspection activity was correspondence with the contractor as a reminder. Projects were inspected for consistency with plans and specifications and to monitor activity. Project decisions were made by his supervisors. The projects he performed services for while employed by CPRA included the West Fourchon Marsh Creation and Nourishment; Hydrologic Restoration and Vegetative Planting in the Des Allemands Swamp; Caminada Headlands Back Barrier Marsh Creation Increment 2; West Grand Terre Beach Nourishment and Stabilization; Queen Bess Island Restoration; Point Au Few Island Hydrologic Restoration; Lake Chapeau Sediment Input and Hydrologic Restoration at Point Au Fer Island; Brady Canal Hydrologic Restoration; West Belle Pass Barrier Headland Restoration; Gulf Intracoastal Waterway to Clovelly Hydrologic Restoration; and, Little Lake Shoreline Protection/Dedicated Dredging near Round Lake.
Baird is an engineering and environmental consulting firm that performs coastal, riverine, and other hydraulic engineering services internationally and in the United States. Mr. Hartman works in Baird's Louisiana office and he has no ownership interest in the company. Baird currently works for CPRA on Barataria Basin Ridge and Marsh Creation- Spanish Pass Increment, Rabbit Island Restoration Project, and Mid-Breton Sediment Diversion. Mr. Hartman did not participate in these three projects in any capacity while employed by CPRA.
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La. R.S. 42:1121B 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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