| Advisory Opinion request from John Schweitzer, former employee of Louisiana Rehabilitation Services within the La. Workforce Commission, regarding post-employment restrictions. |
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Louisiana Rehabilitation Services ("LRS"), within the Louisiana Workforce Commission, assists persons with disabilities in their desire to obtain, maintain, or advance in competitive integrated employment and achieve independence in their communities by providing rehabilitation services and working cooperatively with business and other community resources. John Schweitzer was employed as a Coordinator, Assistive Technology Program, within the Bureau of Community Rehabilitation Program/Employment Development of LRS. His supervisor was Kandy Baker, Bureau Administrator. Mr. Schweitzer also reported to LRS Director Melissa Bayham. He retired on November 1, 2022.
While employed by LRS, Mr. Schweitzer's job duties included providing technical advice regarding the efficacy of simple and more complex modifications for increased independence of disabled individuals. These duties included overseeing the assessment, evaluation, acquisition, and training for assistive technology such as manual and powered wheelchairs and mobility systems, vehicle modifications for adaptive driving, home modifications for independence, job accommodations and prosthetics and orthotics. Mr. Schweitzer did not have approval authority for the funding of any projects.
Mr. Schweitzer is now interested in becoming a private vendor to LRS and be reimbursed for providing direct assistance to disabled individuals who are seeking employment, or wish to continue working with a disability. He asks whether the Code prohibits him from providing such services.
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La. R.S. 42:1121(B)(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(4) defines "assist" to mean to act in such a way as to help, advise, furnish information to, or aid a person with the intent to assist such person.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
La. R.S. 42:1102(18) defines "public employee" to include any person who is engaged in the performance of a governmental entity or is under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(2)(a)(i) defines "agency" for public servants in one of the twenty principal departments of the executive branch of state government to be the office in which such public servant carries out her primary responsibilities.
La. R.S. 42:1102(12) defines "governmental entity" to mean the State of Louisiana.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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