| Advisory Opinion request from Sankeeth Cholleti, employee of the Department of Public Safety, related to post-employment restrictions. |
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Mr. Cholleti is a current employee of the Department of Public Safety ("DPS"), where he serves as IT Statewide Applications Developer 3. In that role, he provides various informational technology services, including developing and maintaining web applications for Louisiana State Police, Office of Motor Vehicles and the state crime laboratory.
He is considering leaving his current position to be employed by Optima Business Solutions, LLC ("Optima"). Optima provides technology staffing, consulting and software solutions, including for certain agencies of the State of Louisiana. His role at Optima would include software development and application maintenance. The employment at Optima would include projects related to systems similar to or associate with those he worked on in his role at DPS, though he is willing to refrain from engaging in any projects which would represent a violation of the Code of Ethics.
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La. R.S. 42:1121B provides 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(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(23) defines "transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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