| Advisory Opinion request from Bradley Mistich as to whether he may provide engineering services to a prospective employer relating to certain transactions with the Louisiana Department of Transportation and Development. |
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Mr. Mistich is currently an employee of Louisiana Department of Transportation and Development ("DOTD"). He serves as an Engineer 6 in the Bridge Maintenance Section of DOTD. In that role, he conducts inspections of in-service bridges, manages consultant contracts and aids district offices in bridge maintenance activities. As one of multiple persons serving in an Engineer 6 role within the bridge maintenance section of DOTD, he reports to Bridge Inspection Engineer Stephanie Doolittle, who in turn reports to Bridge Maintenance Administrator Nicholas Fagerburg. Specifically, he works on projects within bridge maintenance that deals with underwater inspections.
He would like to leave DOTD to accept a position with a private consultant to perform work that may involve the DOTD, but would not include any projects on which he has participated. He would not be performing any underwater maintenance consulting on any projects he was involved in with DOTD.
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La. R.S. 42:1121B provides that no former public employee shall (1) 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 (2) 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. 42:1102(18)(a) defines "public employee" to mean anyone, whether compensated or not, who is (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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