Meetings
 
Agenda Item
Docket No. 21-1000
 
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RE:
Advisory Opinion request from Robert J. Klein with the Office of Technology Services ("OTS") within the Division of Administration.
Facts:
Robert Klein has been employed by OTS since August of 2014. Mr. Klein currently serves as an Agency Relationship Manager in the Agency Relationship Management Section. Mr. Klein is not an agency head as he reports to the Director of the Agency Relationship Management Section.

Mr. Klein's duties include assisting the Department of Public Safety ("DPS"), the Governor's Office of Homeland Security ("GOHSEP"), Louisiana Alcohol and Tobacco Control ("ATC"), and the Office of the Inspector General ("OIG") by:

(1) Apprising OTS and a state agency of ongoing projects and initiatives and generating business status reports;

(2) Liaising with OTS and state agencies by using business relationship management concepts and strategies;

(3) Negotiating new and renewal contracts with multiple vendors;

(4) Advising state agencies on computer lease agreements;

(5) Developing emergency response processes for state agencies during critical emergency standups; and,

(6) Assisting in resolving critical IT applications, networking, and data center issues.

Mr. Klein is retiring in January or February 2022, with the potential to become an employee of a state contractor, and seeks guidance regarding possible situations in which his services could be employed as a contractor.


Law:
La. R.S. 42:1121B provides 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 the 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 provides that 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.

Docket No. 2018-373 was an Ethics Opinion whereby the Board opined on the post-employment restrictions of a former Project Manager with OTS assisting a third-party contractor of various state agencies.


Recommendations:
Adopt the proposed advisory opinion draft.
Assigned Attorney: Greg Thibodeaux
 
 
ATTACHMENTS:
Description:
2021-1000 Advisory Opinion Draft _2- Klein
2021-1000 - Advisory Opinion Request Robert J. Klein