| Advisory Opinion request from the Chief of Maintenance in the Office of Operations of the DOTD regarding post-employment restrictions. |
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David Miller is currently employed as the Chief of Maintenance for the maintenance section of the
Office of Operations, within the Louisiana Department of Transportation and
Development ("DOTD"). His responsibilities include providing leadership, and
administering and managing all resources for the maintenance sections in the
DOTD headquarters. According to the job description provided, the position
serves as the administrator of the statewide maintenance sections. The position serves as an Appointing Authority and is responsible for managing a
staff of approximately 300 employees.
Mr. Miller plans to retire from the DOTD in June of 2023. He seeks an advisory opinion as to what level of
involvement he would be allowed to have if he were employed by a consultant
or American Association of State Highway Transportation Officials ("AASHTO").
Mr. Miller does not currently have any employment offers but would expect that any
offers of employment would come from consultants that have contracts with the
sections of DOTD that he oversees. He would also expect that there could be
offers of employment from consultants that have work with DOTD in sections that he does not oversee. His role with the consultants would be to provide
engineering advice, mentoring, management advice, and business development
services in the engineering field.
He may also be seeking employment with the
AASHTO. AASHTO is a nonprofit, nonpartisan association representing
highway and transportation departments in the 50 states, the District of
Columbia, and Puerto Rico. His role with AASHTO would be to help run the
Technical Services Bridge Preservation program, conferences and committees, as
well as to provide advice and guidance to member states.
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La. R.S. 42:1121A(1):
No former agency head or elected official shall, for a period of two years
following the termination of his public service as the head of such agency or
as an elected public official serving in such agency, assist 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. 42:1121B(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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