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Advisory opinion request regarding Mr. Joshua Stutes' former employment with the Department of Transportation and Development and current employment with C.H. Fenstermaker & Associates, LLC (Fenstermaker). |
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Mr. Stutes was employed with the Louisiana Department of Transportation and Development (DOTD) from October 2008 until February 15, 2013.
As Construction Coordinator, he was part of the Engineering Division of District 61, and had direct supervision over the District Utilities Section while functionally supervising the District Permits Section. Supervising the District 61 Utilities Section meant he had supervision over one employee. By "functionally" supervising the District 61 Permits Section, he had functional approval in that he approved all permits. He did not sign payroll documents, approve employee leave, or conduct PPR/evaluations of employees in the District 61 Permits Section.
A primary duty of the position was being a final signature on all Right-of-way permits (Commercial and Residential). The permits include permitting for all work done in District 61 Right-of-way which is inclusive of nine parishes (Ascension, Assumption, East Baton Rouge, East Feliciana, Iberville, Pointe Coupee, St. James, West Baton Rouge, and West Feliciana parishes). This included all utilities permits (new installations) and Access Connection Permits which include all residential driveways as well as Commercial Access driveways and related work. In this capacity, he was the final signature and approval on all District 61 permits and acting authority on the District 61Administrator's behalf. The position reported directly to the District 61 Assistant District Administrator of Engineering (ADA-Engineering).
As Construction Coordinator, his duties included, but were not limited to:
- 50% Serving as district construction expert; reviewing construction plans and specifications with Area Engineers/Project Engineers to facilitate timely review for constructability and providing recommendations to eliminate potential plan changes. Providing recommendations on permits to the District Permit Section and serving to solve more complex problems involving permit review and approval.
- 25% Attending preconstruction conferences concerning utility relocation activities in conjunction with the District Utility Specialist to reduce delays in project lettings and assisting the Area Engineer, Project Engineer and contractor in addressing anticipated construction problems.
- 15% Negotiating highly sensitive activities with private utility companies inclusive of organizing and coordinating meetings to effectively resolve potential problems ahead of time and maintaining open communication of future potential problems.
- 10% Assisting Area Engineers in management of district construction activities as needed to safely and effective accomplish construction in accordance with plans, specifications and contracts.
Subsequent to resigning from the DOTD, Mr. Stutes accepted a position with the consulting firm of Fenstermaker in the capacity of Senior Engineer. The job duties of the position will be to serve as a design engineer on an advanced level primarily for roadway type and related projects for federal, state, local, and parish governments and private corporations. In the position of Road Design Senior Engineer he will be working in the engineering design of roadways, and not permitting and utilities. For road design projects in District 61 on a state highway where utility conflicts exist for proposed design and necessary relocations imminent, those tasks will be delegated entirely to non-conflicting staff. Further, on some projects with Fenstermaker he will be working with the DOTD, and possibly with District 61, but will not be working on permits or utilities. Rather, he will potentially be working the District 61 Road Design Section, and other district staff (e.g. Traffic, Operations, Bridge Maintenance). Finally, he will not be working on any matters which he participated in or worked on while employed with DOTD District 61.
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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.
Section 1121B further states that no former public employee shall for a period of two years following the 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 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 proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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