| A Request for an Advisory Opinion, submitted by Dain Gillen, P.E., concerning whether the Louisiana Code of Governmental Ethics ("Code") prohibits him from providing professional engineering services, through Neel-Schaffer, Inc. ("NSI"), on the Calcasieu-Sabine Large-Scale Marsh and Hydrologic Restoration Project (State Project No. CS-87) after the termination of his public employment with the Coastal Protection and Restoration Authority ("CPRA"). |
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From September 2017 until February 2023, Mr. Gillen was employed by CPRA. He was an Engineer Manager from 2019 to 2023. Prior to that, he was an Engineer Supervisor from 2017-2019. Both positions were in CPRA's Engineering Division. As a manager, his staff included ten (10) engineers and technicians. His duties included distribution of projects and management of staff workload, personnel management, and QA/QC of all aspects of projects in his branch of the Engineering Division. He also served as CPRA's project engineer on several projects.
In February 2023, Mr. Gillen accepted a position with NSI, which is a consulting firm that performs Transportation, Water, Civil/Site, Environmental Services, and Support Services work in Louisiana and the southeastern United States. NSI currently performs work for CPRA, namely engineering and design services on the Calcasieu-Sabine Large-Scale Marsh and Hydrologic Restoration Project (State Project No. CS-87). Mr. Gillen oversaw or had direct involvement in eighteen (18) specific project since 2017. However, neither he nor his staff had any involvement in the Calcasieu-Sabine Large-Scale Marsh and Hydrologic Restoration Project (State Project No. CS-87).
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La. R.S. 42:1121(B) provides that 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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