| Advisory Opinion request from Ellen Ortiz, former employee of the First Planning District Workforce Development Board, regarding post-employment restrictions. |
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The First Planning District Workforce Development Board ("District"), a part of the Louisiana Workforce Commission, provides workforce development to the Parishes of St. Tammany, St. Bernard, and Plaquemines. Ellen Ortiz was employed by the District at the Administrative Center as a Program Liaison. Her duties included all accounts payable functions. Ms. Ortiz reported to the District's Executive Director, Melissa Kirsch. She retired on April 15, 2022.
Castles of Dreams LLC has a contract with the District to provide operations support to the various locations. Ms. Ortiz would like to work for Castles of Dreams LLC as a Trainer/Technical Analyst. Those duties include training District staff on federal and state laws and regulations with regard to the workforce programs. Ms. Ortiz stated that she did not provide any training services while employed by the District.
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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. 42:1102(2)(a)(i) defines "agency" for public servants in the executive branch of state government who are employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission.
La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision which employed the former public employee.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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