2011-719
Created By: Latisha Thomas on 06/29/2011 at 10:25 AM
Category: Ethics Advisory Opinions
Caption:

June 29, 2011

Michael A. Ricca
1780 Rubin St.
Baton Rouge, LA 70808

Re: Board Docket No. 2011-719

Dear Mr. Ricca:

The Louisiana Board of Ethics, at its June 17, 2011meeting, considered your request for an advisory opinion regarding post-employment restrictions. You stated that you work in the Construction Section of the Louisiana Department of Transportation and Development (LaDOTD). Within this Section, you are over the fabrication of structural components for bridges, and you provide technical expertise in bridge construction to field project engineers. In this fabrication work, you interact with fabrication yards and contractors. As a technical advisor, you works with LaDOTD district and field office personnel. You are not inquiring about whether you may become a contract engineer with LaDOTD after you retire.

The Board concluded, and instructed me to advise you, that the Code of Governmental Ethics will not prohibit you from becoming a contract engineer, subject to the following restrictions. Sections 1121B and 1121C of the Code of Governmental Ethics prohibits you (and any entity in which you are an officer, director, trustee, partner, or employee) for a period of two years following the termination of your public employment, from assisting another person, for compensation, in a transaction or in an appearance in connection with a transaction in which you participated at any time during your public employment and which involves your former public employer. You are also prohibited from rendering any service which you rendered to the agency during the term of your public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which you were formerly employed.

Therefore, during the restricted two-year period, you may become a contract engineer with the LaDOTD as long as you do not perform services in connection with any transaction in which you participated as a public employee. You are also prohibited from contracting with your former agency to render any service you rendered for the agency as an employee for the same two-year period. Also, you may want to request another advisory opinion once when if you are contemplating entering into a specific contract.

This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented may result in a different application of the provisions of the Code of Ethics. The Board issues no opinion as to past conduct or laws other than Code of Governmental Ethics. If you have any questions, please contact me at (225) 219-5600 or (800) 842-6630.

Sincerely,

LOUISIANA BOARD OF ETHICS


Deidra L. Godfrey
For the Board

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