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Entry Properties
Last modified
7/12/2021 11:18:52 AM
Creation date
11/21/2016 2:10:02 PM
Metadata
2016-1025
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1025
Requesting Party
Jay Guillot
Parties Involved
Hunt Guillot and Associates (HGA)
Board of Elementary and Secondary Education
Office of Community Development
Division of Administration
Decision Date
11/18/2016
Caption
Advisory opinion that a company that is owned in excess of five percent by a former member of the Board of Elementary would not be prohibited by the Louisiana Code of Governmental Ethics from submitting a proposal in response to an RFP, provided that the company is not awarded or otherwise enters into a contract prior to one year from the termination of his public service and is in compliance with La. R.S. 42:1121.
Ethics Subject Matters
Post Employment
Prohibited Contracts
Prohibited Assistance
Prohibited Transactions
Boards and Commissions
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STATE OF LOUISIANA <br /> $' Lo; . DEPARTMENT OF STATE CIVIL SERVICE <br /> Rio+ u, 8j;‘ <br /> ,�,��i � LOUISIANA BOARD OF ETHICS <br /> o;. P.O. BOX 4368 <br /> ,�4r,' BATON ROUGE, LA 70821 <br /> COMPu + ,•• (225)219-5600 <br /> J <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> wwwethics.la.gov <br /> November 21, 2016 <br /> Mr. Jay Guillot <br /> (through counsel of record) <br /> Alesia Ardoin <br /> Law Offices of R. Gray Sexton <br /> 8680 Bluebonnet Blvd, Suite D <br /> Baton Rouge, Louisiana 70810 <br /> Re: Board Docket No. 2016-1025 <br /> Dear Mr. Guillot: <br /> The Louisiana Board of Ethics, at its November 18,2016 meeting,considered your request <br /> for an advisory opinion regarding whether La.R.S.42:1113D(3)(a)would prohibit Hunt Guillot and <br /> Associates (HGA) from responding to Request For Proposals(RFP's) that may arise before the <br /> expiration of one year from the termination of your public service. You provided that your service <br /> as a member of the Board of Elementary and Secondary Education(BESE)ended January 11,2016 <br /> and you own in excess of 5%of HGA.You stated that HGA would not enter into any contracts prior <br /> to the expiration of one year from the termination of your public service on BESE. However,you <br /> would like to confirm that HGA may submit a proposal to an RFP within one year of the termination <br /> of your public service. HGA is considering submitting a proposal before the end of the year to an <br /> RFP which may issue by the Office of Community Development in the Division of Administration. <br /> These proposals would not be submitted to your former agency. <br /> La.R.S.42:1113D(3)(a)provides generally that no person who formerly served on the State <br /> Board of Elementary and Secondary Education nor his spouse nor any legal entity of a person <br /> shall,for a period of one year following the termination of the public service of such person <br /> enter into a contract that would have been prohibited by La.R.S.42:1113 D(1)(a)(i)prior to <br /> the termination of the public service of such person. <br /> La. R.S. 42:1113 D(1)(a)(i) provides that no person identified in Item (ii) of this <br /> subparagraph or the spouse of such person nor any legal entity of a person shall enter into any <br /> contract with state government. <br /> La. R.S. 42:1113D(1)(a)(iii) For the purposes of this Subsection,"legal entity of a person" <br /> means any corporation, partnership, or other legal entity in which the person identified in <br /> item(ii)of this Subparagraph or the spouse of such person owns an interest greater than five <br /> percent, ... <br /> The Board concluded, and instructed me to inform you,under the facts presented, La. R.S. <br /> 421113 D(3)(a)would not prohibit HGA from submitting a proposal in response to an RFP,provided <br /> HGA is not awarded or otherwise enters into a contract prior to one year from the termination of <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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