| Advisory opinion
request regarding whether the Code of Governmental Ethics prohibits post-employment services by a former employee of the Louisiana Department of Transportation and Development with the former employee's new employer. |
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Gretchen Ferguson terminated her public employment with the Louisiana Department of
Transportation and Development ("DOTD") on February 15, 2026. During her employment with DOTD, she worked as a Statewide Railroad Coordinator in Section
55, the Emergency Operations Section of the Operations Division under the
supervision of DOTD Area Engineer, Chad Roubique.
Her former job duties included serving as the primary liaison between
DOTD and multiple class I and short-line railroads, coordination and technical
oversight for highway-rail grade crossing safety and construction projects, coordination
relating to design, construction, inspections, permitting, railroad flagging,
diagnostic review, project close-out, maintenance of the statewide highway-rail
crossing inventory database, emergency response, Federal Railroad
Administration ("FRA") and Federal Highway Administration ("FHWA") compliance
and public outreach initiatives.
Ms. Ferguson is currently employed by Benesch, LLC, a private engineering firm that
is not currently involved in DOTD projects as either a prime contractor and/or
a subcontractor. She works as a Public Project Manager I, mostly
providing project management and technical support for class I and short-line
railroads, and coordination with public agencies on rail-related infrastructure
projects, managing project scope, project schedules, and budgets; coordination
with public agencies and subconsultants; overseeing project documentation and
deliverables; supporting contract development; monitoring quality and
performance standard compliance; and providing support in meetings, invoicing,
project closeouts and internal coordination relative to rail transportation
projects. At this time, Benesch is not undertaking any projects which are in
direct relation to and/or involve DOTD projects.
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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. 42:1102(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,
it shall mean the board or commission.
La.
R.S. 42:1102(11)
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
(14)
defines "participate" to mean
to take part in or to have or share responsibility for action of a governmental
entity or a proceeding, personally, as a public servant of the governmental
entity, through approval, disapproval, decision, recommendation, the rendering
of advice, investigation, or the failure to act or perform a duty.
La. R.S.
42:1102(15)
defines
"person" to mean an individual or legal entity other than a governmental
entity, or an agency thereof.
La. R.S. 42:1102(17)(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(18) defines "public servant" to mean a
public employee or an elected official.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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