| Advisory Opinion request from Christopher Knotts, Chief Engineer for the DOTD Office of Engineering, regarding post-employment restrictions. |
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Christopher Knotts is currently employed by the Louisiana Department of Transportation and Development ("DOTD") as the Chief Engineer in the Office of Engineering. He has held this position since October 2017. In addition to his Chief Engineer duties, Mr. Knotts acts as the DOTD Secretary's designee on the Comite River Diversion Canal Project Task Force and Louisiana Water Resource Commission. Mr. Knotts also acts as the DOTD Secretary's designee on the Louisiana Watershed Initiative, which is not a board or commission, but is an initiative comprised of representatives of DOTD, Office of Community Development, Governor's Office of Homeland Security and Emergency Preparedness, Coastal Protection and Restoration Authority, and Dept. of Wildlife and Fisheries.
Following his upcoming retirement, Mr. Knotts intends to seek private sector work in business development/client relations for various state agencies, parish, and municipalities. He also intends to seek private work performing project management duties. Mr. Knotts asks whether the Code prohibits these professional services following his retirement from DOTD.
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La. R.S. 42:1121A(1): No former agency head, for a period of two years following the termination of his public service as the head of such agency, shall 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. 42:1102(2)(a)(i) defines "agency" for public servants in the twenty principal departments of the executive branch of state government, to mean the office in which such public servant carries out his primary responsibilities.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or agency thereof.
La. R.S. 42:1121A(2): No former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
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(12) defines "governmental entity" to mean the state or any political subdivision which employed the former public employee.
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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