Meetings
 
Agenda Item
Docket No. 13-679
 
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RE:
Advisory opinion request regarding Mr. Justin Peltier's former employment with the Department of Transportation and Development and current employment with Huval and Associates (Huval).
Facts:
According to Mr. Peltier's advisory opinion request he was employed with the Louisiana Department of Transportation and Development (DOTD) from June 2005 until February 2013 where he resigned in the position of Engineer 4 in the Structural Design Gang 003 of the Bridge Design Section, under the Project Development Division of the Office of Engineering.
Subsequent to resigning from the DOTD, he accepted a similar position as a professional engineer with the consulting firm Huval & Associates, Inc. (Huval). The job duties of the position include bridge and roadway design and plan production, preparation of cost estimates, quality control reviews of work produced by other engineers, performance of structural inspections, and project oversight in the role of project manager. The DOTD is Huval's primary client, and it is expected that Mr. Huval will be performing services on DOTD projects.

As an engineer at the level of Engineer 4 in Gang 003, Mr. Peltier states that his job function could be described as that of a lower level engineer. Specific duties included: performing structural design calculations, preparing construction plans and specifications, performing quality control checks of design plans and calculations, and assisting in maintaining various types of DOTD standard plans. As Engineer 4, Mr. Peltier states that he was not responsible for supervising lower level engineers or technicians. He did not have authority to approve contracts, or any other transactions between the DOTD and consulting firms or other entities. Additionally, Mr. Peltier did not perform any service or plan reviews for Huval, nor did he participate in any transaction between the DOTD and Huval.

Huval recently submitted a State of Qualifications (SOQ) for State Project H002397.2 - LA 16 Pete's Hwy/Interstate 12 Interchange (Pete's Highway) in response to a Request for Qualifications (RFQ) advertised on the DOTD website. Huval included Mr. Peltier on the SOQ, indicating that his responsibilities under the project would include bridge design and quality control functions. Further, Huval submitted a SOQ for State Project H.002960 - Gramercy Bridge Approaches Westbank (Gramercy) in response to an RRQ on the DOTD website. Huval also included Mr. Peltier in the SOQ for State Project H.002960, indicating that his responsibilities under the project would include bridge design and quality control functions.

While employed with the DOTD, Mr.Peltier was not involved in any portion of the design or management of State Project H.002397.2 (Pete's Highway) or State Project H.0022960 (Gramercy). He further did not perform any services or plan reviews for Huval, nor did he participate in any transaction between the DOTD and Huval. Based upon the foregoing, Mr. Peltier seeks an advisory opinion regarding the applicable restrictions under Section 1121B of the Code of Governmental Ethics specifically as it applies to his participation on projects for Huval regarding the Pete's Highway and Gramercy Projects.

Law:
Section 1121B of the Code of Ethics states that no former public employee for a period of two years following the termination of his public employment shall 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.
"Person" means an individual or legal entity other than a governmental entity or an agency thereof.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Brent Durham
 
 
ATTACHMENTS:
Description:
2013-679- Advisory Opinion Request