| Advisory Opinion request regarding the application of post employment provisions to a former Area Engineer with District 62 of the DOTD performing engineering services on a contractual basis for the DOTD and other entities. |
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Philip Graves was employed with the Department of Transportation and Development for 25 years. Mr. Graves served as the Area Engineer (AE) over Livingston parish and St. Helena parish for District 62 of the DOTD from November 2018 until his retirement in May of 2022.
The AE position is
primarily responsible for overseeing maintenance and construction activities in their respective parishes. Maintenance operations generally include temporary or permanent repairs to DOTD roadways, cleaning
the roadside ditches, and mowing spraying DOTD right of ways. Construction management at the AE
level involves overseeing Project Engineers and their staff. The AE attends design preconstruction
meetings, gives guidance to the PE, and approves change orders above a certain threshold.
In June of 2022, Mr. Graves became employed by Neel-Schaffer, Inc., an engineering consulting firm that provides engineering services to the DOTD, parishes, municipalities, and private entities. The services provided by Neel-Schaffer directly to DOTD are through contracts.
Mr. Graves requested an Advisory Opinion seeking to determine whether he can provide engineering services to DOTD, through Neel-Schaffer, on new projects that he did not participate in during his employment with the DOTD. Additionally, he would like to know whether he can provide engineering services, through Neel-Schaffer, to local municipalities or parish governmental entities, none of which he was employed by or rendered services to while employed at DOTD.
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La. R.S. 42:1121B(1) provides that 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) defines "agency" as a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
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Adopt the proposed Advisory Opinion.
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| Assigned Attorney: |
Mallory Guillot |
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