Agenda Item
Docket No. 23-337
Advisory opinion regarding whether the Code of Governmental Ethics ("Code") will prohibit a former employee of the Floodplain Management Department of DOTD from assisting an engineer firm in contracts with DOTD.
Jeanette Clark was employed by DOTD as a Program Specialist in the Floodplain Management Department ("FMD") from March 2020 until September 2022. In her role at DOTD, her duties consisted of ensuring compliance by certain communities with the National Flood Insurance Program ("NFIP"). Her role was not a supervisory role, and she did not have hiring, firing, or contracting authority.
Ms. Clark is currently employed by Quality Engineering and Surveying ("QES"). QES has a contract with DOTD to perform services to assist with the NFIP. QES would like her to serve as project manager to coordinate DOTD program managers and QES engineers.
La. R.S. 42:1121B provides 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 the 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, to mean the office in which such public servant carries on his primary responsibilities.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
Adopt proposed advisory opinion.
Assigned Attorney: Charles Reeves
2023-337 - AO