| Request for an advisory opinion regarding whether the
Code of Governmental Ethics ("Code") permits BAK
Collaborative, LLC to contract with the Louisiana Department of Education. |
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Bobby Collins retired from the Office of Technology Services ("OTS")
within the Division of Administration on August 14, 2023, after 33 years of service. Mr. Collins, BAK Collaborative, LLC, would like to assist the Louisiana
Department of Education ("LDOE") with its Operational and Strategic Planning,
Project Monitoring, Risk Management, Cost Benefit Analysis, and Procurement needs
without any technology services being provided. Mr. Collins previously worked as an
Information Technology Statewide Project Leader from 7/18/2019 to 1/30/2022 and
an Information Technology Statewide Applications Architect from 1/31/2022 until until retirement. As the Information Technology Statewide Applications
Architect, Mr. Collins reported directly to the IT Statewide Administrator, Michael
Anderson, who served over the Applications and Data Management ("AppDM") section. Mr. Collins' position was "responsible for working closely with stakeholders to ensure the
consistent delivery of highly complex systems for the Louisiana Department of
Education."
The proposed contract between BAK Collaborative, LLC
and LDOE does not involve technology related consulting, duties, or responsibilities. Mr. Collins asks whether BAK Collaborative, LLC can move forward with the contract pursuant
to the Code.
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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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