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Request for an advisory opinion regarding Patti French's proposed contractual employment with RedMane Technology after her retirement from the Department of Children and Family Services (DCFS). |
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Ms. French retired from the DCFS, Division of Programs, Child Support Enforcement Section on September 30, 2011. Her role as Program Manager 2 was to manage the daily operations of the CSE Program Support and Financial Units to ensure compliance with CSE policy and state and federal guidelines.
In this capacity she supervised three employees. She reported to Lisa Andry, who served as Executive Director of the Child Support Enforcement Program. The persons who she supervised and her supervisor were all in one office, and were responsible for policy more so than field operations. This included accounting and other fiscal matters such as distributing money within the federal guidelines.
As Program Manager she served as a senior member of the Child Support Enforcement Management Team which coordinated with the DCFS Research and Analysis Section in setting priorities of LASES system enhancements. The decision of priorities was the responsibility of her supervisor, Lisa Andry. According to her request, during her employment with DCFS she did not: 1.) participate in the solicitation of proposals for programming support for the LASES mainframe computer application, 2.) participate in the Evaluation and Scoring of proposals, and awarding of Redmane contracts for programming support for the LASES mainframe computer application, or 3.) hire, supervise, or manage any RedMane Technology personnel.
RedMane Technology ("RedMane") now seeks to contract with Ms. French to serve as a 1099 Contractor in the position of Quality Analyst. In this position she would assist RedMane Technology with the following relating to programming changes, issues and enhancements of the LASES Mainframe computer application: 1.) Creating and reviewing Business Design Documents, 2.) Reviewing Technical Design Document, 3.) Quality Assurance of System Testing, including creating and reviewing system Test Plan Documents, and 4.) Facilitating Joint Application Design Sessions (JADS).
As federal mandate arises, DCFS and RedMane must adhere to system requirements and federal time frames where Ms. French will play a key role in ensuring that such requirements are adequately designed, tested and implemented to meet all federal guidelines.
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An "agency head" is defined by Section 1102(3) as the chief executive or administrative officer of an agency or any member of a board or commission.
Section 1121B(1) states that no former public employee shall, for a period of two years following the termination of her public employment render any service which such former public employee had rendered to the agency during the term of her public employment on a contractual basis, to or on behalf of the agency with which she was formerly employed.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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