| Advisory Opinion Request from Coley Johnson, former employee of Louisiana Department of Transportation and Development ("DOTD"), as to whether the Code of Governmental Ethics ("Code") permits his company to provide services to DOTD after his retirement. |
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Mr. Johnson previously worked as Intelligent Transportation Services Manager within Section 56 of DOTD ("Section 56"). His primary duties included managing field operations for fiberoptic and telephone utilities. He directly reported to Roy Esteven, Communications/Maintenance Manager, Engineer, and Joshua Harrouch served as the head of Section 56. He retired from that position with DOTD, effective January 4, 2024.
Mr. Johnson currently owns Johnson Land and Demolition LLC, a Louisiana limited liability company (the "Company"). The Company would like to bid on and provide services to projects with Section 56. Specifically, the Company would like to sell solar equipment to Section 56. While Mr. Johnson was employed with DOTD, Section 56 did not purchase such equipment, and he, as an employee, did not participate in the purchase or sale of such equipment.
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La. R.S. 42:1121B(1) provides that 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.
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.
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, 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) defines "public servant" to mean a public employee or elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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