| Advisory opinion request from Jason Sooter, former Director of Facility Planning and Control, regarding the time limitations of his post-employment restrictions involving his service as a member of the Architects Selection Board. |
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Jason Sooter was employed with the State of Louisiana as the Director of the Office of Facility Planning and Control ("FPC") for the Division of Administration. The primary responsibility of FPC is the administration of the state's capital outlay budget process and the preparation of House Bill No. 2, which is introduced every year at regular legislative sessions. House Bill No. 2 provides the budget for all state-funded construction contracts and identifies future financial commitments for state and local construction projects to reach fruition. FPC administers these state-funded projects and oversees the contracts for these projects from planning through construction and completion. FPC's other activities include reviewing pending legislation, supporting the Governor and his staff, and selecting design professionals for future state-funded contracts. As the FPC Director, Mr. Sooter (or his designee) was required to be a member of the Louisiana Architects Selection Board, which was created in 1975 by La. R.S. 38:2311 and is responsible for selecting all architects for state-funded projects and contracts. Mr. Sooter resigned from employment as the FPC Director on February 3, 2023. He is currently employed as a registered architect with Stantec.
Mr. Sooter asks the following questions:
- How long is he prohibited from being involved with Stantec's applications to the Architecture Selection Board for state-funded projects contained in House Bill No. 2?
- Is he prohibited from working on state-funded projects that Stantec was awarded by the Architects Selection Board prior to his employment with Stantec in which he was not involved with the application process?
- Is Stantec prohibited from submitting applications to the Architects Selection Board for state-funded projects contained in House Bill No. 2 if he is not involved in the application process?
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La. R.S. 42:1121A(1) provides that 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. 42:1121C provides that 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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