| Advisory Opinion request by Krista Jankowski, a former employee of the Louisiana Coastal Protection and Restoration Authority ("CPRA"), regarding post-employment prohibitions with her new employer, Arcadis. |
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Krista Jankowski terminated her employment with CRPA on Friday, November 3, 2023. On November 6, 2023, Ms. Jankowski started new employment with Arcadis, a private engineering and environmental consulting company. Arcadis has an Environmental Science and Related Consulting Services ("ESCS") contract with CPRA to provide services directly associated with the development of the Coastal Master Plan.
From May 2018 to April 2022, Ms. Jankowski was employed by CPRA as a Coastal Resources Scientist ("CRS") Supervisor in the Plan Development Section within the Planning and Research Division. In April 2022, Ms. Jankowski was promoted to CRS Manager in the same section and division. While employed by CPRA, Ms. Jankowski's job duties directly supported the development and delivery of the Coastal Master Plan, which included providing technical expertise and planning guidance for model and process improvements to the master plan; developing and implementing master plan public outreach and engagement efforts such as public meetings, email listservs, social media posts, online tool development, etc.; developing structured calendars and timelines for project management of the master plan development process; providing oversight of file management, documentation, and deliverables from contractors and sub-contractors working on the master plan; and, reviewing agency research needs and project proposals related to the Louisiana Center of Excellence and Coastal Science Assistantship programs. Ms. Jankowski did not directly monitor or manage the work completed by Arcadis for the ESCS contract with CPRA, but she did review and approve invoices for services completed by SCAPE Landscape Architecture, a sub-contractor to Arcadis for the ESCS contract. Ms. Jankowski has not worked on tasks related to initiatives outside of the Coastal Master Plan development process.
Ms. Jankowski is currently working in the Resilience business group at Arcadis to provide consulting and planning services related to climate and environmental resilience for clients of Arcadis, which range from local governments to nonprofit organizations throughout the country and within the State of Louisiana. Ms. Jankowski's work with Arcadis may include providing clients with technical guidance, technical writing, policy writing, completing federal grant applications, advising on communication strategies, and working with the Louisiana Watershed Initiative on capacity and coalition building with members of the watershed steering committees, as well as facilitating skills building around resilience and flood risk mitigation. These are tasks she did not perform while employed by CPRA. Ms. Jankowski stated that as an Arcadis employee, she will not work on anything related to the Coastal Master Plan, including the ESCS contract between Arcadis and CRPA, for a period of two years following her termination of employment with CPRA.
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La. R.S. 42:1121B(1) 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 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. 42:1121C provides that 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.
La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
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 (12) defines "governmental entity" to mean the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
La. R.S. 42:1102 (18)(a) defines "public employee" to mean anyone, 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" means a public employee or an elected official.
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Adopt proposed advisory opinion as drafted.
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| Assigned Attorney: |
Jessica Meiners |
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