| Advisory opinion request regarding whether the post-employment provisions in the
Code of Governmental Ethics (Code) prohibit Jacob Fusilier, an employee of the Louisiana Department of
Transportation and Development (DOTD), from working in
the private sector following termination of his employment. |
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Mr. Fusilier currently serves as a project manager in the Road Design Section of DOTD. He has been employed with DOTD since 2018. He does not supervise any employees. Mr. Fusilier's current duties as a project manager for DOTD are:
documentation, managing and supervising DOTD and consultant staff
preforming engineering and related services on individual DOTD
projects. He would like to entertain offers of employment in the private sector to serve as a project manager, program manager, or road and drainage design employee. He would not seek employment on any project that he has participated in during his public employment. Additionally, he would not accept employment with any company that is transacting on any project that he participated in while he was employed with DOTD.
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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 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.
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(19) defines "public servant" as a public employee or elected official.
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.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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