| Advisory Opinion request from Gary LeBlanc, former employee of the Dept. of Transportation and Development ("DOTD"), regarding post-employment restrictions in connection with engineering services provided to the DOTD, local municipalities, or parish governmental entities. |
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Gary LeBlanc was previously employed with the DOTD until his retirement in June 2022. Mr. LeBlanc held the position of Design Development Engineer Manager in the Traffic Section. He oversaw a section of engineers, engineer interns, and engineer technicians, whose primary responsibilities involved project reviews that were in the planning stages. He monitored workflow and consistency within the section, as well as provided expertise and training to DOTD staff. Mr. LeBlanc's role in the plan review process was to ascertain if DOTD policies and procedures were followed in the plan development process.
The Traffic Section's goal was also to identify potential safety concerns and improve the operation of corridors. The areas of expertise were geometrics, work zone temporary traffic control devices, and pavement markings. Mr. LeBlanc's duties included interpreting state and federal transportation law, national standards through the development of administrative code, policies, manuals, standard, and guidelines, none of which were project specific. Mr. LeBlanc was a member of several teams that wrote and or revised Engineer Directives and Standards Manuals ("EDSM"), The Roadway Design Procedures and Details Manual, DOTD Traffic Signal Manual, Access Management Policy, The Traffic Engineering Manual, Minimum Design Guidelines, Maintenance of Traffic Control Handbook, and DOTD Standard Plans.
He is the Engineer of record for DOTD's current Temporary Traffic Control and Pavement Markings Standard Plans. He served on the DOTD Work Zone Task Force, Complete Streets Task Force, ADA Task Force, and 1-10 Baton Rouge Task Force. He was also a project manager for statewide traffic control and signing upgrades. These projects have been completed.
In July 2022, Mr. LeBlanc became employed by Neel-Schaffer, Inc., an engineering consulting firm that provides services to DOTD, municipalities, parishes, and private entities. The services provided by Neel-Schaffer Inc. directly to DOTD are through contracts and may include generating feasibility studies and project plans, as well as performing construction, engineering, and inspection on projects. Mr. LeBlanc stated that he will not provide services on DOTD projects that he participated in during his service 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)(i) defines
"agency" for public
servants in the twenty principal departments of the executive branch of state
government, as the office in which such public servant carries out his primary
responsibilities;
La.
R.S. 42:1102(12) defines
"governmental entity" as the
state or any political subdivision which employs the public employee or
employed the former public employee or to which the elected official is
elected, as the case may be.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a government entity, or an agency thereof.
La. R.S. 42:1121(C): 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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