There, the employees of an MTA affiliate were divided into three categories for purposes of the lifetime bar. That opinion, like this one, concerned employees who would work for a private venture which would take over a public function. The Commission concluded that the last category of employees would be lifetime barred from carrying out the same functions they performed after having left the public payroll, but, with narrow exceptions, the first two categories of employees would not be so barred. For those other than in the third category, each operation was considered a separate transaction. The Data Center employees who are the subject of this opinion are more like the first two categories of employees.
None are in the third category.
Many are operational, as they mount computer tapes and are concerned with operating systems and software. For those who are supervisors, the Commission here, as in its previous opinion, treats them in the same manner as the operational employees. Thus, although the Data Center's employees' tasks for the contractor will be similar in nature to those they now perform, they will not be barred from working for the contractor and performing these functions. This opinion, until and unless amended or revoked, is binding on the Commission in any subsequent proceeding concerning the person who requested it and who acted in good faith, unless material facts were omitted or misstated by the person in the request for opinion or related supporting documentation. Evans V. Brewster, Donald A. Odell, Paul L. Shechtman, Members Shechtman, P., concurring.