| Advisory opinion regarding whether the Code of Governmental Ethics prohibits Phillip Macaluso, Transportation Operations Manager in Section 45 Traffic Services of the Department of Transportation, from accepting employment with TransLine Industries upon his retirement from the Department of Transportation. |
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Phillip Macaluso has worked for the Department of Transportation for the past 43 years. He currently serves as the Transportation Operations Manager in Section 45 Traffic Services. He supervises 4 sign crews that install and maintain signs on the interstate system. He has worked with all DOTD Districts within the state on different signing projects.
TransLine Industries has offered Mr. Macaluso the position of Product Manager for the State of Louisiana. He would be traveling the state to meet with cities, towns, parishes, and state offices to inform them of the products Transline offers that would benefit their needs.
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La. R.S. 42:1121A(1) provides 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 former agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121B provides 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 the 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. 42:1102 (2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities; ...except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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