| Advisory opinion request concerning the application of the post-employment restrictions for an employee with the Louisiana Department of Transportation and Development. |
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Carl Gaudry started employment with the Louisiana Department of Transportation and Development ("DOTD") in the Bridge Design Section as an Engineer Intern 1 on July 14, 2008. He was promoted to Engineer Intern 2 on July 14, 2010; Engineer 3 on August 14, 2012; Engineer 4 on August 14, 2013; Engineer 5-DCL on January 21, 2015; and Engineer 6-DCL on October 25, 2016. On February 7, 2022, Mr. Gaudry was promoted to the position of Bridge Design Manager, and on March 10, 2023, he was promoted to Bridge Design Manager for Roadside and Bridge Safety. Mr. Gaudry was continuously employed by the DOTD in the Bridge Design Section from July 14, 2008, until his resignation on January 2, 2026.
Mr. Gaudry asks whether the phrase "term of his public employment" in Section 1121B(1) of the Code is tied to the individual positions he held with DOTD, or whether "term of his public employment" extends to the full length of his career with DOTD in the Bridge Design Section, which started in 2008?
Mr. Gaudry also asks whether the post-employment restrictions in Section 1121B(1) of the Code apply to a service that he provided as an Engineer 6-DCL in 2016-2022, or any other position he vacated over two (2) years ago, if he did not provide that same service as a Bridge Design Manager for Roadside and Bridge Safety in 2023-2026.
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La. R.S. 42:1121B(1): 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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