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Advisory opinion request regarding whether Mr. Patrick S. MacDanel a former Department of Transportation and Development (DOTD) supervisory biologist for wetland deliniations is prohibited from contracting to provide documentation services for the National Enviromantal Protection Act. (NEPA) |
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Mr. Patrick S. MacDanel has requested an opinion on post employment restrictions concerning potential contracts with DOTD. Mr. MacDanel was employed by for only one month from March to April 2012 by DOTD as a Real Estate Services Supervisory Biologist performing "wetlands delineations" at department project sites. All of the projects on which Mr. MacDanel worked were short term and have all been completed. Mr. MacDanel would like to know if the Code of Governmental Ethics would prohibit him from working in a contract capacity for the Department of Transportation providing services related to National Environmental Protection Act. (NEPA) documentation.
Mr. MacDanel states that he was not an agency head while he was employed with DOTD that the term supervisor meant that he could assign work to other biologist. Mr. MacDanel had no authority to hire fire or discipline the other biologist. Mr. MacDanel has also stated that the NEPA documentation is not handled by "wetlands delineations" department which he used to be employed by. Mr. MacDanel has stated that the services he provided for "wetlands Delineation" were hands on services. He would do a lot of field work, observing the conditions of the wetlands. The services which would be provided under contract for NEPA are documentation services which require in office research and meeting to devise regulatory measures.
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1121B(1) General rule for other public employees. No former public employee shall, for a period of two years following 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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