2012-Op. (Oct. 9).

Case DateOctober 09, 2012
CourtAlaska
Alaska Attorney General Opinions 2012. 2012-Op. (Oct. 9). October 9, 2012Former State Employee EmployerRe: Post State EmploymentAGO File No. AN2010100321Dear Former State Employee: This letter responds to your October 2012 request for advice regarding the application of the post state employment provision of the Alaska Executive Branch Ethics Act to possible work on certain Department of Transportation and Public Facilities highway projects for your current employer. Our advice is provided in accordance with AS 39.52.250 and is confidential under AS 39.52.240(g). As that confidentiality protects you, you may share this opinion as you need to do so. You explain that you left state service in April 2011. At the time, you were a Program Coordinator for DOTPF. Your duties included developing and submitting highway projects for consideration as to whether DOTPF should fund and construct particular projects. You advise that your current employer intends to submit a proposal in response to a DOTPF Request for Proposals that seeks services for three projects. You report that while in state service you were substantially involved in the development of one of those projects, the Mitigation Project, but you were not substantially involved in the other two projects included in this RFP. You understand that you are barred from working on the Mitigation Project under the Ethics Act, but you ask whether you may work on the other two projects. Prior to leaving state service in 2011, you requested general guidance on the application of the AS 39.52.180(a), the post state employment provision of the Ethics Act. Our advisory letter discusses the interpretation and application of the provision and addressed one potential post state employment project. I direct your attention to the entire general discussion in our letter and will not repeat it here. Under AS 39.52.180(a), for two years after leaving state service, a former state officer may not "represent, advise, or assist a person for compensation regarding a matter that was under consideration by the administrative unit served by that public officer, and in which the officer participated personally and substantially through the exercise of official action." The Department of Law has consistently read this provision in accord with the legislature's intent that AS 39.52.180 be narrowly applied. The goal is to protect the integrity of state actions but recognize that state employees gain expertise and...

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