| Advisory opinion request concerning the post-employment restrictions from an employee with the Louisiana Department of Transportation and Development. |
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Hadi Shirazi is currently employed as the Traffic Engineering Management Manager in the Traffic Engineering Management Section of the Traffic Engineering Division within the Office of Engineering for the Louisiana Department of Transportation and Development ("DOTD"). Mr. Shirazi is responsible for supervising and training employees involved in traffic engineering study analysis and review, which includes reviewing work efforts, making job assignments, and all personnel activities.
Mr. Shirazi performs traffic engineering studies for recommendations for safety and operational improvements of the State Highway System. He assists in writing Traffic Engineering Scopes for projects. He acts as project manager for Traffic Engineering consultant contracts and as task manager for scopes outside of the section. He creates task orders for traffic signal studies and designs, and he approves consulting cost estimates and invoices. Mr. Shirazi also reviews District, Stage 0, and Stage 1 traffic engineering analysis and recommendations to determine if they meet Federal Highway Administration and DOTD policy and procedures, provides advice, guidance, and assistance through the review of these studies prepared by others, and attends public meetings to assist the project team. Additionally, he performs the updating and writing of traffic engineering policy for the Department. Mr. Shirazi reports to the Traffic Engineering Management Administrator.
Mr. Shirazi plans to retire from public employment with DOTD effective August 14, 2024, and the main job type he plans to seek will be a Senior Traffic Engineer position in the private sector. Mr. Shirazi asks for guidance regarding the post-employment restrictions in the Code in the event his future employment involves a consultant contract with DOTD.
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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.
La. R.S. 42:1121C: No legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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