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Advisory opinion regarding how the post employment restrictions apply to Mr. Jeffrey Carey's former employment with the Hazard Mitigation Office in New Orleans. |
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According Mr. Carey's opinion request he worked as a student intern at the Hazard Mitigation Office in New Orleans. When one of the employees in that office left for a ten month period, Mr. Carey was hired by the city to take her position. At that time he became a paid, city employee for ten months.
During his temporary employment with the Hazard Mitigation Office he was not the Director, nor did he sign off on any grants while working at the City. His principal job duties included handling phone calls for persons who were trying to get grants. He did not review any plans or prepare or apply for any grants with FEMA or the State. In his job duties he essentially kept track of where the grants were in the process, and helped homeowners stay updated on the grant process. During this time he was under the supervision of the Director, Brad Case.
Just prior to the expiration of his temporary employment, Walton Mitigation Services (WMS) offered Mr. Carey a position, which is where he is currently employed. Upon leaving the New Orleans Mitigation Office, he was informed that he was not allowed to work on any City of New Orleans contract for two years which is the reason for this opinion request.
Currently, WMS has a contract with the City of New Orleans to oversee the construction phase of the hazard mitigation funding used to elevate houses in the city. According to the request Mr. Carey will not be working on any grants or programs that he dealt with or participated in with while he was at the Mitigation Office. He is not even aware if any of the grants that he was involved in while at the Mitigation Office have been approved or signed off on (which would not have been his responsibility while at the Mitigation Office). While the company he is currently employed with does have a contract with the city to oversee/manage some grants, the grants will be for the construction phase, and none of these grants are those he participated in while a public employee.
Nonetheless, his supervisor at WMS has instructed him that he cannot work on any of the New Orleans projects so he is only assigned Jefferson Parish projects. The opinion request is in regards to whether he is able to work on the New Orleans mitigation grants since he did not submit or sign off on any of them while he worked for the City.
WMS also plans to bid on another contract with the City of New Orleans that has to do with emergency response. Mr. Carey also seeks the Board's opinion as to whether he may work on that contract since it is completely unrelated to the Mitigation Office.
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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.
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Adopt proposed advisory opinion
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| Assigned Attorney: |
Brent Durham |
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