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Advisory opinion request from Ms. Jackie Heber concerning her employment with Motiva Enterprises (Motiva) following her resignation with the Louisiana Department of Environmental Quality (DEQ). |
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Until May 10, 2013, Ms. Heber was employed was an Environmental Scientist with DEQ. She has recently accepted a position with Motiva Enterprises, LLC - Convent Refinery. While employed with DEQ, she was not head of a department or division, and she did not have supervision over any DEQ employees.
Ms. Heber's job description was to support ERIC's implementation, enhancement, and operation, as well as review and analyze emissions inventory data from regulated facilities such as Motiva. The facilities she was assigned at DEQ were based on which parish the facility was physically located. Motiva's Convent Refinery is located in St. James Parish. At DEQ, she was assigned the parishes of Ascension, Caddo, Calcesieu, DeSoto, East Baton Rouge, Iberville, Lafayette, Lafourche, Livingston, and West Baton Rouge.
As such, Ms. Heber states that she never reviewed the inventory data for Motiva as a DEQ employee. Any contact she had with Motiva's Convent Refinery was minimal as St. James Parish was not assigned to Ms. Heber. The only overlap between her two positions is her work with the Emissions Reporting and Inventory Center.
As part of her new position with Motiva, she will be tasked with preparing and submitting the facility's emissions inventory data through the Emissions Reporting and Inventory Center (ERIC) at DEQ. She will be submitting data on behalf of Motiva to former co-workers at DEQ in the Air Permitting Division, however, she did not have supervision over any of the employees, and since the information will be submitted on behalf of Motiva the submissions are not matters she participated in as an employee with DEQ.
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Section 1121B of the Code of Ethics states that no former public employee shall for a period of two years shall assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, where she participated at any time during her employment and involving the governmental entity by which she was formerly employed.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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