| Advisory Opinion request of Thomas Schniedau, Attorney for the City of Slidell, on behalf of employee Jacqueline Winemiller, as to post-employment restrictions following her retirement from the City of Slidell. |
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Adopted in 1978, the City of Slidell ("City") operates under a Home Rule Charter which requires the City to provide a full range of services, including water and wastewater/sewer systems. The City currently provides the services under the Office of Public Utilities and the Office of Wastewater Treatment.
The City is entering into a contractual agreement with Inframark LLC with respect to the management, operations, and general maintenance of the City's water and wastewater systems and facilities. The contractual arrangement involves a ten-year initial term with opportunities for renewal. Inframark LLC will be responsible for providing all necessary personnel to fill the contract.
Jacqueline Winemiller is currently employed as a Senior Treatment Plant Operator for the City of Slidell. Ms. Winemiller is not in a supervisory role. Beginning in February 2021, Ms. Winemiller will be leased to Inframark LLC when the contract term begins; however, Ms. Winemiller will remain an employee of the City. Ms. Winemiller plans to retire in 2021. Ms. Winemiller had no participation in the decision to privatize the City's services.
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Generally, La. R.S. 42:1121B(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.
However, prior Board opinions have considered the unique issue of privatization and determined that public employees who are laid off due to a privatization decision do not have to wait the two-year period, provided that they did not participate in the decision to privatize the services. See Docket Nos. 2018-1021, 2017-219, 2014-945, 2012-1707, 2012-1596, 2010-352, 2010-341, 2010-080, 2009-934, and 2004-759.
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| Assigned Attorney: |
David Bordelon |
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