| Advisory opinion request concerning post-employment restrictions from a former employee of the Louisiana Department of Wildlife and Fisheries. |
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James Ernst retired from employment with the Louisiana Department of Wildlife and Fishers ("LDWF") as a wildlife biologist on April 7, 2023. During the last eight years of employment, Mr. Ernst was the Coordinator for the Deer Management Assistance Program ("DMAP") of the White-tailed Deer Section within the Office of Wildlife. His duties as the DMAP Coordinator included analyzing deer harvest data and preparing reports, making deer management recommendations to cooperators enrolled in the DMAP, and overseeing DMAP services provided by field biologists to approximately 1,200 cooperators. He also ordered and distributed annual supplies to the field biologists and communicated regularly with them to resolve issues and keep them informed of ongoing activities.
In February 2024, LDWF issued a request for proposals from software development companies to submit bids for providing a comprehensive data management system to the Office of Wildlife. A local software development company has invited Mr. Ernst to work part-time, assisting with the development of its bid proposal for the Office of Wildlife Data Management System contract. Since Mr. Ernst is a wildlife biologist and not skilled in software development, his role with the company would involve interpreting language and terms commonly used in wildlife management and for user interface layout. He did not participate in the request for proposals for providing a comprehensive data management system to the Office of Wildlife.
Mr. Ernst asks whether he is prohibited from assisting the software development company in preparing its proposal to bid on the data management system contract and whether he is prohibited from assisting the software development company in developing the data management system for the Office of Wildlife if the company is awarded the contract.
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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: |
Jessica Meiners |
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