| Advisory Opinion request from James Carinio, Jr., a former employee of Louisiana Rehabilitation Services, regarding his post-employment restrictions as a Job Placement Vendor. |
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In November 2013, Mr. Carinio was hired by Louisiana Rehabilitation Services ("LRS") within the Louisiana Workforce Commission ("LWC"). He initially worked as a Rehabilitation Employment Development Specialist in the Shreveport Regional Office, which serves Region 7 and covers the Parishes of Bienville, Bossier, Caddo, Claiborne, DeSoto, Lincoln, Natchitoches, Red River, Sabine, and Webster. His duties included direct job placement, on-the-job training development, vocational assessment and counseling, employment development and follow-up, resource and consumer development, case management, public speaking, and job fair participation. His services were provided to eligible individuals with disabilities who were cleared for employment by Vocational Rehabilitation ("VR") Counselors.
On May 2, 2022, Mr. Carinio became a District Supervisor for the Shreveport Regional Office in which he supervised and approved the caseloads of three VR Counselors who determined individual eligibility, developed a specific Individualized Plan of Employment for eligible individuals, referred approved individuals to Job Placement Vendors, and approved Job Placement Vendor authorizations. Mr. Carinio also supervised and approved the work duties of two Rehabilitation Counselor associates, who reviewed and submitted payment authorizations for services rendered by Job Placement Vendors, such as colleges/universities, vocational-technical schools, and supportive employment vendors; supported VR Counselors by keeping up with individual records for select caseloads; and, contacted individuals with expired cases and college/university liaisons. Mr. Carinio remained in this position until he retired from LRS on September 8, 2023.
Mr. Carinio asks whether his two-year post-employment period may begin on May 1, 2022, when he last worked as a Rehabilitation Employment Development Specialist, instead of beginning on September 8, 2023, when he was last employed by LRS in the Shreveport Regional Office. This date would allow Mr. Carinio to become a Job Placement Vendor for LRS as of May 2, 2024. As a vendor, Mr. Carinio would provide direct job placement services in Region 7 for approved individuals who will be referred to him by VR Counselors in the Shreveport Regional Office. To be a Job Placement Vendor for LRS in Region 7, Mr. Carinio's application will have to be approved by the Shreveport Regional Manager, the LWC Appointing Authority, and the LRS State Director.
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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. 42:1121E provides that the termination of public employment or service means the termination of employment with the agency which employed the public employee when he participated in the transaction.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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