| Request for an advisory opinion as to whether the Code
of Governmental Ethics ("Code") permits Andrew Windmann to perform design and detailing
services as it pertains to bridge design after retirement from the Louisiana
Department of Transportation and Development ("DOTD"). |
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Mr. Windmann was employed by DOTD in the Bridge
Design section for 13 years. For the last 2 years, he has served as the
Assistant Bridge Design Administrator, where he functioned as the Bridge
Preservation Program manager over the Project Managment unit. As the
Bridge Preservation Program manager, he administered an 8-year bridge program
of planned bridge replacement, rehabilitation, or repair projects with a
prescribed annual budget. He was responsible for scheduling letting dates for
projects as project managers progress the projects to complete development. He also supervised a group of project managers whose responsibility was to ensure
projects were developed on schedule, scope, and budget to put out bids for
construction. Some of the projects within the Bridge Preservation Program
involved the assistance of consultant engineering firms to provide design and
plan development. He also served as the bridge task manager
on a few projects in development, where he served as a reviewer of
consultant-provided plans and designs to ensure conformity to applicable design
code and DOTD policies. He retired from DOTD on October 13, 2023.
Mr. Windmann is now a design engineer with a new employer and performs bridge design calculations
and construction plan development. He asks whether the Code permits him to immediately perform bridge design work contracted with DOTD while working for a
consultant upon retirement from DOTD. He also asks whether the Code permits him to provide design, detailing, or project development services for bridge design
in contract with DOTD.
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La. R.S. 42:1121A.(1): No former agency head or elected official
shall, for a period of two years following the termination of his public
service as the head of such agency or as an elected public official serving in
such agency, assist another person, for compensation, in a transaction, or in
an appearance in connection with a transaction, involving that agency or render
any service on a contractual basis to or for such agency.
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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