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Advisory opinion request regarding whether the Ethics Code would prohibit Matt Johns, a Department of Transportation (DOTD) Transportation Planner in Section 85 from accepting a part-time position with his former employer Rapides Area Planning Commission (RAPC). |
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Mr. Johns has requested an advisory opinion regarding part-time employment with the RAPC. Mr. Johns works for DOTD as a Transportation Planner in Section 85.
Prior to his employment in January 2013 with DOTD he worked for eight years with RAPC. In January of 2013 when he left employment with the RAPC he was serving as the Director of Operations for the Building Code Enforcement Section. La. R.S. 33:131 created the RAPC. The RAPC is a public entity funded by federal grants and self generated fees. RAPC does not receive state funds from DOTD.
The current executive director of RAPC John Miller has requested Mr. Johns temporary part-time assistance to manage until the Commission can hire another director of transportation planning as there has been an unexpected vacancy.
Mr. Johns has stated that his current supervisor at DOTD is comfortable with him accepting the temporary part-time position as long as he does not work on programs or projects that are to be submitted for approval to the Transportation Planning Section 85 and he does not work on any project regulated by Section 85.
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La. R.S. 42:1121B(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 draft opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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