Meetings
 
Agenda Item
Docket No. 16-477
 
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RE:
Advisory opinion request from a former Engineer Intern with the Department of Health and Hospitals, Office of Public Health (DHH-OPH), Divina Lanclos, regarding whether the post-employment restrictions found in the Code prohibit her from seeking employment with a private firm to create engineering plans that would be submitted to DHH engineering services for review.
Facts:
Ms. Lanclos provided that she was not an agency head. She is currently applying to multiple engineering firms. She stated that she would not be working on any project that she participated in during her public employment.
Law:
La. R.S. 42:1121 B(1) provides that 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.

La. R.S. 42:1121C. No legal entity in which the former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.

Recommendations:
Adopt draft advisory opinion.
Assigned Attorney: Suzanne Mooney
 
 
ATTACHMENTS:
Description:
2016-477 - RAO
2016-477- BOE Request for Additional Information
2016-477- additional Information
2016-477- Draft Opinion (2)