| Advisory opinion request regarding whether the Code of Governmental Ethics prohibits William Wilson, a former Assistant Director for the Office of Facility Planning and Control, from accepting employment as a Senior Architect II with BECI within two years if the termination of his public employment. |
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William Wilson was employed as an Assistant Director for the Office of Facility Planning and Control ("FPC") within the Louisiana Division of Administration ("DOA") from 2015 until his retirement on June 6, 2025. As an FPC Assistant Director, he reported directly to the FPC Director and had direct supervision over the Director of the Office of State Buildings, an FPC Project Manager, and an Administrative Program Specialist. His duties and responsibilities included: (1) the coordination of space utilization and property surplus with the Assistant Director for Real Estate; (2) the coordination with the Office of State Lands and Real Estate Leasing to create and implement centrally managed occupancy systems to track the utilization of State facilities; (3) the short and long range strategic planning for efficient and cost effective management for the maintenance of buildings and equipment through various processes, incorporating regular inspections of facilities, preventative maintenance and customer service programs; and (3) the administration of the prioritization, estimating, planning and completion of small and/or minor building renovations and numerous other construction projects within statutory limitations.
Mr. Wilson has been offered a new position of employment as a Senior Architect II with BECI, a private corporation with an office in Baton Rouge, Louisiana. The BECI Senior Architect II position requires him to qualify BECI as an Architectural Firm in Louisiana and serve as the Account Manager for State Architectural Work, which involves providing consulting services related to Building Enclosure and requires him to be licensed and able to perform restoration design, lead condition survey teams, manage ongoing construction projects, and provide oversight and assistance to other staff. His job duties and responsibilities will include: (1) serving as BECI's supervising professional architect in the State of LA and, possibly, other select states in the future; (2) establishing relationships with appropriate state officials and offices on behalf of BECI; (3) assisting in the preparation of RFQ and RFP Responses; (4) reviewing all Work Product (deliverables) for LA State Architectural Work; (5) serving as the Account Manager for State Architectural Work; (6) mentoring and coaching other staff in the Process and Procedures for State Architectural Work in LA; and (7) other high-level work product reviews outside of the State work (e.g., Restoration Design, Design Peer Reviews, Exterior Condition Surveys).
Mr. Wilson asks for an explanation of the restrictions that will apply to him and his employer regarding any future work or contracts with the State of Louisiana during his two-year post-employment period.
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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)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean, for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities…in the case of public servants who are members or employee of a board or commission or who provide staff assistance to a board or commission, ti shall mean the board or commission.
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(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
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" as 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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