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Advisory opinion request from Mr. R. Perry Pringle regarding whether an engineer may perform work for the Caddo Levee District after his retirement from the Department of Transportation and Development (DOTD). |
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Mr. Pringle is the attorney for the Caddo Levee District, and would like to know what role the post-employment restrictions of the Code of Ethics would play in this matter. According to his Advisory Opinion request, LSA R.S. 38:306 C and D require the DOTD to provide an engineer at no charge to the Levee Boards for the performance of engineering tasks. Don Maddox, a registered civil engineer, has been employed by the DOTD for over twenty-five years, and has a retirement date of December 31, 2011. Mr. Maddox has been performing the engineering work for the Caddo Levee District for over ten years in his capacity as a DOTD engineer pursuant to LSA R.S. 38:306 C and D. At all times, Mr. Maddox has been a full-time employee of DOTD, and has been paid solely by the DOTD. He has never been paid for his services by the Caddo Levee District.
According to the opinion request Mr. Maddox is a very capable engineer. The Caddo Levee District is considering employing Mr. Maddox immediately upon his retirement, on a contract basis (hourly basis), as the need arises. The Caddo Levee District does not want to hire him as a full-time employee because there is an insufficient amount of work to justify full-time employment.
The services Mr. Maddox will be providing to the Levee District, include the services he has provided over the past ten years, but he will also be providing additional services. For instance, the Levee District has had to employee outside engineers for surveying work and hydrology studies over the ten years. It is contemplated that Mr. Maddox will perform the surveying work and hydrology studies in the future if he is retained as a contract employee.
Mr. Pringle also states that the services which Mr. Maddox will perform will not be "to, for, or on behalf" of the DOTD. The levee district will pay Mr. Maddox per hour wages under the proposed contract; not the DOTD. The levee district will not be paying funds from the DOTD, but will use its own funds.
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Section 1121B(1) states 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 is formerly employed.
Section 1102 (16) of the Code defines person as an individual or legal entity other than a governmental entity or agency thereof.
Section 1121B(1) goes on to state, however, that a former public employee, for a period of two years following the termination of his public employment may not 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: |
Brent Durham |
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