| Advisory opinion request
as to whether the post employment restrictions in the Code of Governmental Ethics
("Code") prohibits Vincent Guillory, an employee with the Capital Projects Section of the Planning, Design & Construction Department of Louisiana State University, following his retirement from working with a private consulting company that
contracts directly with the Louisiana Department of Facility Planning and
Control to manage projects at Louisiana
State University. |
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Mr. Guillory is currently employed with the Planning, Design & Construction
Department at Louisiana State University (the "University"). The Planning, Design & Construction
Department consists of Administration, Capital Projects, Campus Design & Construction,
and Campus Planning. Mr. Guillory is employed as the Senior Capital Project Manager in
the Capital Projects Section. Paul
Favaloro is the Director of Capital Projects and as well as the Interim
Executive Director of the Department. Mr. Guillory does not supervise any employees . His job duties and responsibilities include, but are
not limited to, serving as the University's representative during
construction and during disputes between the contractor, architect, and/or University;
tracking and reporting project costs, schedules, job delays; and, approving and
processing change orders and payment requests as needed. He also coordinates
with State Facility Planning and Control, Architects, Engineers, LSU
maintenance personnel, and contractors following construction contract award of
assigned capital projects to ensure that all work conforms with plans and
specifications, quality control through pre-construction meetings, and periodic
construction site observations. He manages and/or coordinates the work provided and/or performed by the owner
such as the Office of Facility Services, Information Technology Systems,
University Departments, or other not-in-contract work (NIC) and work provided
through separate contract. For State Facility Planning and Control Managed
Projects (greater than $1M), he serves as the University representative to
ensure project delivery through communication and coordination of the above.
Mr. Guillory stated that he will be retiring soon. He would like to accept employment with a private
consulting company that contracts directly with the Louisiana Department of
Facility Planning and Control. Some of
the project he seeks to manage on behalf of the private consulting company are
those located at the University.
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La. R.S. 42:1121B 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). "Agency" means a department,
office, division, agency, commission, board, committee, or other organizational
unit of a governmental entity.
La. R.S 42:1102(12) "Governmental entity" means the state or any political
subdivision which employs the public employee or employed the former public
employee or to which the elected official is elected, as the case may be.
La. R.S 42:1102(15) "Participate" to mean to take part in or to have responsibility for
action of a governmental entity or proceeding, personally, as a public servant
of the governmental entity, through approval, disapproval, decision,
recommendation, the rendering of advice, investigation, or the failure to act
or perform a duty.
La. R.S. 42:1102(18)(a). "Public employee" means anyone,
whether compensated or not, who is: (i)
An administrative officer or official of a governmental entity who is not
filling an elective office. (ii)
Appointed by any elected official when acting in an official capacity, and the
appointment is to a post or position wherein the appointee is to serve the
governmental entity or an agency thereof, either as a member of an agency, or
as an employee thereof. (iii)
Engaged in the performance of a governmental function. (iv)
Under the supervision or authority of an elected official or another employee
of the governmental entity.
La. R.S. 42:1102(19). "Public servant" means a
public employee or an elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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