2004 Alaska Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagak0009 and id is 1 raw text is: Frank H. Murkowski, Governor

DEPARTMENT OF LAW                   PO.BOX110300
JUNEAU, ALASKA 99811-0300
PHONE:  (907)465-3600
OFFICE OF THE ATTORNEY GENERAL                FAX     (907)465-2075
January 13, 2004
Mr. Doe: [A Former Public Official]
Re:   Post-State Employment
Our File No. 665-04-0069
Dear Mr. Doe:
You have requested advice under AS 39.52.250(a). Until recently, you were the
director of a Division of an executive branch department of state government (the
Department). You left state service in late 2003 and are now employed by Private
Consulting, Inc. (a pseudonym). Private Consulting has contracts with the Department to
prepare study documents for two projects and would like to have you involved in another
project that may go out to bid in the near future. The facts recited in this letter are based
upon your December 3, 2003 letter received as an attachment to an e-mail of even date and
my further discussions with you on December 15, 2003.
In December, we advised you that you could be involved in Projects A and B. We
reserved judgment on Project C pending further analysis. We have now concluded that you
may be involved in Project C.
If the advice in this letter differs in any respect from our oral advice, this letter
controls. We first describe AS 39.52.180 and then analyze each project.
AS 39.52.180
For two years after leaving state service, AS 39.52.180(a) precludes a former public
officer from (1) representing a person (2) for compensation (3) with regard to any matter that
(4) was under consideration by the administrative unit of state government in which that
officer served and (5) in which the officer participated personally and substantially, (6)

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