| Advisory Opinion request from Karla Courtade, an employee with the La. Dept. of Transportation and Development, regarding post-employment restrictions. |
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Karla Courtade is currently employed as the Statewide Highway Safety Improvement Program Manager in the Highway Safety Office ("HSO") with DOTD. Her duties include developing and managing the Louisiana Highway Safety Improvement Program; ensuring that safety funded projects are on schedule and within budget; coordinating safety project activities between DOTD, Federal Highway Administration and Metropolitan Planning Organization; and, preparing the annual Federal Highway Administration Highway Safety Improvement Plan.
Ms. Courtade intends to retire from her position and would like to apply for a position as a Fatality Analysis Reporting System ("FARS") Analyst with the Center for Analytics and Research in Transportation Safety ("CARTS") at Louisiana State University ("LSU"). Ms. Courtade stated that the duties of an analyst require in-depth review of fatal crash reports and coding into the system through the National Highway Traffic Safety Administration.
Ms. Courtade provided that her current responsibilities as Highway Safety Improvement Program Manager do not include any involvement with FARS or CARTS. They also do not involve review of fatal crash data or the management of the contract with CARTS.
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La. R.S. 42:1121A(1) prohibits a former agency head, for a period of two years following the termination of his public service as the head of such agency, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or agency thereof.
La. R.S. 42:1102(2)(a)(i) defines "agency" for public servants in the twenty principal departments 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(3) defines "agency head" to mean the chief executive or administrative officer of an agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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