| Advisory opinion request regarding the post employment restrictions applicable to Ms. Gail Kelso upon the termination of her employment with the Louisiana Department of Child and Family Services to seek employment with the National Center for Professional Development and Workforce Initiatives. |
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Ms. Gail Kelso is currently employed with the Department of Children and Family Services as a Program Manager 1 and Director of the Child Development and Early Learning Section. She has been designated as the State Child Care Administrator and contact for the US Department of Health and Human Services Administration for Children and Families, Office of Child Care(OCC), in relation to the Child Care and Development Fund (CCDF). In this role her duties include development and implementation of the CCDF biennial state plan which includes child care subsidy administration licensing and various activities related to improving the quality of child care services in Louisiana.
The OCC has developed a network of technical assistance to states related to administration of CCDF. The National Center for Professional Development and the Workforce Initiatives (PDW Center) has been created to administer the CCDF. Within The PDW Center the Technical Assistance Specialists are assigned to work with specific subject matter within OCC regions and respond to requests by states for information best practice and emerging trends with particular focus on shared OCC state goals. Ms. Kelso asked if she must wait two years employed by the PDW Center and assigned to Region VI states including Louisiana to provide technical assistance related to CCDF.
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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.
La. R.S. 1102(16) "Person" means an individual or legal entity other than a governmental entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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