Meetings
 
Agenda Item
Docket No. 18-1057
 
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RE:
Advisory opinion concerning post-employment restrictions that would apply to Gary Charles Pentek following his retirement from the Louisiana Department of Transportation and Development on May 5, 2018.
Facts:
Until Gary Charles Pentek retired on May 5, 2018, he was employed as a Program Manager for the Federal Aid Off-System Highway Bridge Program (FAOSHBP) in Gang 002 of the DOTD Bridge Design Section 25 reporting directly to an Assistant Bridge Design Engineer. The FAOSHBP administers a bridge replacement and rehabilitation program for parish and local governments. Mr. Pentek's duties as a Program Manager for the FAOSHBP included analyzing data to create the final list of programmed bridges for a respective Programming Cycle and submitting compliance letters to parish and local governments. Mr. Pentek is considering contracting with different parish and local governments to act as an advisor to assist with obtaining funding for future projects and to assure that projects are completed timely. The work he will perform as an advisor will not be the same service that he provided as a Program Manager for the FAOSHBP. Mr. Pentek will not interact with his former agency, Gang 002 of the DOTD Bridge Design Section 25, related to his work as an advisor for two years after his date of retirement.
Law:
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. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2018-1057 Draft Advisory Opinion
2018-1057 Request for Advisory Opinion