| Advisory Opinion request regarding whether a former employee of GOHSEP can start a company offering emergency planning consulting. |
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Tracy Hilburn was employed with the Governor's Office of Homeland
Security and Emergency Preparedness ("GOHSEP"). Louisiana is divided into nine
homeland security and emergency preparedness planning regions which GOSEP uses
in conjunction with its Regional Support program. Each region has a state
Regional Coordinator whom acts as a liaison between the parish for their region
and GOHSEP.
Ms. Hilburn served as an Area Manager for
the Regional Support Section. Area Managers for the Regional Support Section are assigned to cover multiple Louisiana Homeland Security Regions and provide
supervision to Regional Coordinators assigned to those areas. Her job duties included but were not limited to, the
following: 1) providing subject matter expertise to facilitate and coordinate parish
homeland security grant applications; 2) advising and recommending proper
actions to parishes' implementation of grant procedures; 3) monitored parish
compliance regarding requirements associated with grant programs implemented
through GOHSEP; and 4) assisted with disaster case management program grants.
As
part of her supervision role, she provided the following services: 1) provide
support and supervision of the
day-to-day activities of subordinate staff; 2) provide training to
Regional Coordinators; 3) advise the Section Chief and other GOHSEP management
on all situations needed; and, 4) provide oversight of the day-to-day
administration of the operation of the Regional Support Section.
Ms. Hilburn's public employment with GOHSEP ended on October 28,
2022.
Since the termination of her public employment, she started
a company that provides emergency management consulting, grant management, training
and exercise development, and plan development to public entities.
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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. "Agency of the public servant and "his agency" when
used in reference to the agency of a public servant shall mean:
(i) For
public servants in the twenty principal departments of the executive branch of
state government, the office in which such public servant carries out his
primary responsibilities.
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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Mallory Guillot |
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