| Advisory opinion request regarding post-employment restrictions from Damon Carter, a former employee of the Louisiana Office of State Fire Marshal. |
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In April 2024, Damon Carter retired from employment with the Louisiana Office of State Fire Marshal ("SFM") in the Department of Public Safety and Corrections. Prior to his retirement, he served as the SFM Assistant Chief of Technology in the Special Services and Support Division. He was a section of one and did not supervise any other positions. As the SFM Assistant Chief of Technology, Mr. Carter performed specialized tasks relative to the SFM's web-based Information Management System ("IMS"). He provided research and development for the implementation of new initiatives of the IMS, which were the FD-2, Rescue Trak, and LaBuild components, ensured proper integration of the new components into the IMS, provided training and technical support for all IMS users, and served as the SFM Administrator for IMS, Workforce Mapping and Analysis/Location Intelligence, and PowerDMS, which is the document management system for the Department of Public Safety. He did not have the authority to approve contracts for the SFM, but he did work with SFM programming contractors, including DBSysgraph, Inc. ("DBS"), a software development and consulting firm that developed the SFM's IMS.
DBS currently has contracts with the SFM, the Louisiana Office of State Police, the Louisiana Department of Health and Hospitals, and many government agencies outside the State of Louisiana. DBS has offered Mr. Carter the position of Business/Quality Analyst to assist DBS and its sister technology companies with custom application design and development. In this position, Mr. Carter will determine a client's business needs by gathering information and evaluating business practices. He will also construct workflow charts and diagrams; write project specifications; identify problems; and write improved procedures; define project requirements by identifying project milestones, phases, and elements; monitor project progress by tracking activity, resolving problems, and recommending actions; conduct analyses to investigate ongoing or one-time operational issues; test software applications, train clients, and perform any other duties as required.
He stated that he would be working on systems for out-of-state agencies and some in-state agencies, but he would not be doing any work involving the SFM. He would like to know whether he is permitted to work for DBS within the two years following his retirement from public employment with SFM.
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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 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 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.
La. R.S. 42:1102(2)(a) 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(4) defines "assist" to mean to act in such a way as to help advise, furnish information to, or aid a person with the intent to assist such person.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
La. R.S. 42:1102(12) defines "governmental entity" to mean 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(18)(a) defines "public employee" to mean 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) defines "public servant" means a public employee or an elected official.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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