| Advisory Opinion request from William Meliet, a former Manager of Construction Services for the Port of New Orleans, relative to post-employment restrictions involving Kostmayer Construction, LLC that would like to provide services on a project involving the Port of New Orleans. |
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William Meliet is a civil engineer who retired from the Port of New Orleans in June 2020 as the Manager of Construction Services for the Port of New Orleans' Facility and Planning Division. Mr. Meliet reported to the Director of Engineering who reported to the Vice President of Facilities and Planning.
Mr. Meliet would like to work as a deputy project manager for Kostmayer Construction, LLC ("Kostmayer"). Kostmayer submitted an application to provide services to the Port of New Orleans as a Construction Management at Risk Contractor for a project at the Jourdan Road Terminal Wharf - Substructure Repairs. Mr. Meliet has worked on projects involving the Jourdan Road Terminal Wharf during his tenure with the Port of New Orleans, however he did not work on the Substructure Repairs involved in Kostmayer's application.
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La. R.S. 42:1121B(1) provides, as a general rule for other public employees, no former public employee shall, for a period of two years following the 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 advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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