| Advisory opinion request regarding the post-employment provisions that apply to Johnny Bradberry, the former Executive Assistant to the Governor for Coastal Activities and Chairman of the Coastal Protection and Resotration Authority (CPRA), and his new employer, Gulf Engineers and Consultants, Inc. (GEC). |
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John Bradberry served as the former Executive Assistant to the Governor for Coastal Activities and as Chairman of the Coastal Protection and Restoration Authority ("CPRA") Board prior to being hired by Gulf Engineers and Consultants, Inc. ("GEC") as its President effective January 1, 2019. GEC currently has four contracts with CPRA: (1) PCCP - Extension of Staff Services; (2) Environmental Science Consulting Services; (3) Mid-Barataria Third Party EIS; and (4) General Engineering Services for CPRA. GEC provides services directly to CPRA and does not assist another client with transactions involving CPRA. GEC is interested in bidding on a new contract with CPRA. However, CPRA has requested that GEC obtain an advisory opinion prior to bidding on the new contract in light of Mr. Bradberry's employment with GEC.
In response, GEC has implemented a Conflict Mitigation Plan with the following restrictions on Mr. Bradberry to avoid any potential violation of the Code: For two years following his resignation from the CPRA Board, Mr. Bradberry will not assist another person, for compensation, in a transaction in which he participated in during his public service and involving CPRA. Additionally, Mr. Bradberry will be prohibited from contact with CPRA staff related to any ongoing or future CPRA work or projects. For existing contracts between GEC and CPRA, Mr. Bradberry shall not participate in the provisions of services to CPRA. Mr. Bradberry will also be prohibited from sharing in any compensation derived from the contracts. Furthermore, GEC has appointed Jeffrey Robinson, Senior Vice President, as Chief Principal Officer for GEC on matters concerning CPRA for a two-year period beginning January 4, 2019. Mr. Robinson will manage and administer all matters involving projects and proposal for CPRA. Finally, CPRA will require that GEC seek an advisory opinion from the Ethics Board in the event GEC bids on any future contracts with CPRA.
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La. R.S. 42:1121A(1): No former agency head shall, for a period of two years following the termination of his public service as the head of such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1102(3) defines "agency head" as any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1121A(2): No former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
La. R.S. 42:1121B: 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.
La. R.S. 42:1102(18)(a) defines "public employee" to include anyone, whether compensated or not, who is appointed by an elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity, or an agency thereof, as a member.
La. R.S. 42:1121C: 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.
La. R.S. 42:1121D: No former public servant shall share in any compensation received by another person for assistance which such former public servant is prohibited from rendering by Section 1121.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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