Meetings
 
Agenda Item
Docket No. 12-053
 
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RE:
Advisory opinion regarding the application of the post employment restrictions to Michael Ricca, a former employee of the Department of Transportation and Development (DOTD).
Facts:
Michael Ricca retired from DOTD effective July 22, 2011. On his retirement, Mr. Ricca served over the Structural Construction & Structural Fabrication, Section 40 Gang 005. He was the fabrication of structural components for bridges and provided technical expertise in bridge construction to project field engineers. In the fabrication work, Mr. Ricca interacted and dealt with fabrication yards and contractors. As a technical advisor, Mr. Ricca worked with DOTD district and filed inspection personnel predominately in the area of bridge construction.

Mr. Ricca would like to provide certain services as an employee to a consulting engineering firm, including providing introductions to District personnel in the construction areas; acting as a liaison between DOTD construction personnel and firm personnel for issue resolution; providing recommendations on such things as DOTD policies, rulings, specification interpretation; providing design plan review; acting as a liaison between DOTD and the firm to address design questions; and providing plan reviews for constructibility, fabrication concerns and consistency with previous projects of a similar nature.

Mr. Ricca stated that his future contact would be with a District, which is under the Office of Operations. Mr. Ricca may also have contact with the Bridge Design Department under the Office of Engineering.

Mr. Ricca stated he would have not involvement in any project which he participated in while employed with DOTD.

Law:
La. R.S. 42:1121A(1) prohibits a former agency head, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving his former agency or render any service on a contractual basis to or for such agency.

La. R.S. 42:1121B(1) General rule for other public employees. 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.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-053 Draft Opinion
2012-053- Advisory Opinion Request
2012-053- correspondence from Michael Ricca (4-27-12)