Meetings
 
Agenda Item
Docket No. 21-1022
 
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RE:
Advisory Opinion request from Sheena Johnson, former Vocational Rehabilitation Counselor, for the Louisiana Rehabilitation Services program within the Louisiana Workforce Commission regarding her post-employment restrictions.
Facts:
The Louisiana Workforce Commission ("LWC") operates the Louisiana Rehabilitation Services ("LRS") program, which assists persons with disabilities in their desire to obtain, maintain, or advance in employment opportunities and achieve independence in their communities. To achieve this goal, LRS offers the Vocational Rehabilitation Program, which offers comprehensive rehabilitation services that include work evaluation and job readiness services, assessment for and provision of assistive technology, job counseling services, and medical and therapeutic services.

Sheena Johnson was employed by LWC Region V as an entry-level rehabilitation counselor in the Vocational Rehabilitation Program. Her duties included assessing the functional limitations and potential of eligible consumers, counseling consumers, family members, and others relative to prognosis, and providing guidance, training, vocational alternatives, and placement services to achieve rehabilitation goals.

Ms. Johnson stated that she reported to LWC Region V Manager Harold Beard and that she did not supervise any other LWC employees. Ms. Johnson resigned her employment with LWC on October 1, 2021. The LRS program also offers Employment services, including prescreening of applications based on job requirements, on-site training and support services, job restructuring, accessibility survey of complete work site, devices and specialized equipment to assist in job success, and follow-up services. These services are provided by LWC through third-party vendors. Ms. Johnson stated that she did not perform any of these services while employed by LWC. Following her resignation from LWC, Ms. Johnson opened her own company, Johnson Vocational Services LLC. Ms. Johnson asks whether she or her company can contract with LWC to provide employment services.

Law:
La. R.S. 42:1121B(1): 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.

La. R.S. 42:1121C: No legal entity in which a 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.

La. R.S. 42:1102(2)(a)(i) defines "agency" for public servants in the twenty principal department of the executive branch of state government, to mean the office in which such public servant carries out his primary responsibilities.

La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision which employed the former public employee.
Recommendations:
Adopt draft advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2021-1022 - Advisory Opinion Request Sheena Johnson
2021-1022 - Advisory Opinion Draft