| Advisory opinion request regarding post-employment restrictions that would apply to a former employee of Louisiana Department of Health and Hospitals (DHH). |
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Dinah Millet Foreman was employed by the Louisiana Department of Health and Hospitals, Office of Public Health (DHH), as the Program Manager of the Operator Certification Program from August, 2009, until January 18, 2012. The Operator Certification Program is responsible for the testing and certification of the water and wastewater operators in the state of Louisiana. Ms. Foreman is interested in entering into a contract with the Louisiana Drinking Water State Revolving Fund Program (SRF) to provide management training sessions.
The SRF program offers low interest loans, training, and assistance to water systems in Louisiana. The training provided by the SRF program informs board members, mayors, and managers of their duties and responsibilities for their community water system. As the Program Manager of the Operator Certification program with DHH, Ms. Foreman was not considered an agency head and did not perform any management training sessions, oversee any SRF contracts, or participate in the allocation of any SRF funds.
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La. R.S. 42:1121B prohibits a public servant, for a period of two years following the termination of his public employment, from rendering any service which such former public employee 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.
Section 1102 (16) of the Code defines person as an individual or legal entity other than a governmental entity or agency thereof.
La. R.S. 42:1121B prohibits a former public servant, for two years, from assisting another person, for compensation, in a transaction in which she participated during her public employment and which involves the governmental entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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