| Advisory Opinion request from Nicole Dunn, a former employee of the La. Department of Transportation and Development, regarding post-employment restrictions applicable to her employment with Meyers Engineering. |
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Nicole Dunn was employed by DOTD in the Division of Operations as a Project Engineer for District 61, which covers the Baton Rouge area. Ms. Dunn was assigned to the Brittany Project Engineer office, which covered projects in Ascension, Assumption, St. James, and Iberville Parishes. She reported to Aaron Elisar, Area Engineer for the Brittany Office.
During her employment with DOTD, Ms. Dunn acted as the Assistant Project Engineer for the Brittany Project Engineer Office, which serves as Construction Coordinator for Local Public Agency projects due to federal funding participation. Her role as a Construction Coordinator was to assist the responsible person and their project engineer to verify that the project was constructed in accordance with plans and specifications. Ms. Dunn reviewed the contractor's estimates and the project change orders for adherence to DOTD standards. She also attended progress meetings with the contractor, the Local Public Agency, and the Project Engineer. Ms. Dunn resigned from her employment on May 7, 2024.
On May 20, 2024, Ms. Dunn was hired by Meyer Engineers as a civil engineer. Meyer Engineers acts as the Project Engineer on two projects in Ascension Parish under the supervision of the Brittany Project Engineer Office: Roundabout - Pr 929 & Parker Roads (H.006457) and Roundabout -Churchpoint Road/Roddy Road (H.006459). Ms. Dunn stated that she acted as DOTD coordinator for these two projects while employed by DOTD. However, Meyers Engineering also performs other work for both DOTD and local governmental entities in which she did not participate. Ms. Dunn asks for clarification as the post-employment restrictions on her employment with Meyer Engineering.
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La. R.S. 42:1121(B): 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: |
David Bordelon |
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