| Advisory opinion request regarding whether the post employment restrictions in the Code of Governmental Ethics would prohibit a former Department of Transportation and Development (DOTD) Engineer from seeking employment with a consulting firm or governmental entities. |
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Barry Lacy stated that he has been employed with DOTD for the last 17 plus years. He intends to retire within the next year. Mr. Lacy is employed at DOTD headquarters as an Engineer 7. He stated that he has not worked on any specific project and that he is not a section head within DOTD. Mr. Lacy's duties include overseeing that policies and procedures are followed by DOTD construction personnel. Further, his duties include overseeing construction estimates and supervising payments on the railroad contracts. Additionally, he provides technical expertise on work zone safety.
Mr. Lacy intends to apply for a position at a consultant firm or government entity looking for work with the firm's construction engineers and inspection program in administering their day to day inspection duties, along with providing guidance on the interpretation of contracts and specifications for the projects within DOTD, municipalities, parishes, and private entities. He understand that he may not provide any services on DOTD projects that he participated in during his public service.
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La. R.S. 42:1121B(1) prohibits a public servant, for a period of two years following the termination of his public employment, from assisting a person for compensation in a transaction in which he participated or from rendering any service which such former public employee 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 draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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