2023-968 - Laserfiche WebLink

ISSUE No.3: PARTICIPATION La. R.S. 42:1112B states that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest: (5)Any person...who owes any thing of economic value to such public servant...and who by reason thereof is in a position to affect directly the economic interests of such public servant. La. R.S. 42:1120 provides that if an elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which would be a violation of R.S. 42:1112,he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter,provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion and debate and prior to the vote that is the subject of discussion or debate. Generally, La. R.S. 42:1112B(5) prohibits Mr. Daigrepont from participating in any matter involving the School Board in which Mr. Guerin, the sole owner of BCB, has a substantial economic interest since Mr. Guerin,through his 75% ownership of Fusion, owes Mr. Daigrepont, an employee and future 5%owner of Fusion,a thing of economic value and is thereby in a position to directly affect Mr. Daigrepont's economic interests. Additionally, La. R.S. 42:1120 requires Mr. Daigreport to recuse himself from voting on any matter before the School Board that would violate La. R.S. 42:1112. However, Mr. Daigrepont is not prohibited from participating in the discussion and debate concerning any such matter before the School Board, provided Mr. Daigrepont makes the disclosure of his conflict or potential conflict a part of the School Board's record prior to his participation in the discussion or debate and prior to the vote on the matter. La. R.S. 42:1112C does not apply because Mr. Daigrepont is an elected official,not a public employee. CONCLUSION The Board concluded, and instructed me to inform you, that the Code does not prohibit BCB Architects, LLC from bidding on or entering into any contract, subcontract, or other transaction with the West Baton Rouge Parish School Board while Matthew Daigrepont serves as a School Board member, but Mr. Daigrepont is required to recuse himself from voting on any matter that may come before the School Board involving Bradley Guerin and BCB Architects, LLC. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control Law. Page 3 of 4 (BD 2023-968)