2023-202 - Laserfiche WebLink

STATE OF LOUISIANA OV.Lor c, DEPARTMENT OF STATE CIVIL SERVICE LOUISIANA BOARD OF ETHICS * a * P.O. BOX 4368 BATON ROUGE,LA 70821 oONrioeNc� (225)219-5600 «o«-•• FAX:(225)381-7271 1-800-842-6630 www.ethics.1a.gov Tuesday, May 9, 2023 Martin Guy Barcelona, Sr. 927 W. 22nd Avenue Covington, Louisiana 70433 RE: Docket No. 2023-202 Advisory Opinion Dear Mr. Barcelona: The Louisiana Board of Ethics ("Board"), at its May 5, 2023 meeting, considered your request for an advisory opinion as to whether the Louisiana Code of Governmental Ethics ("Code") would prohibit ARTOVIA from contracting with the Housing Authority of New Orleans("HANO"),your former agency. FACTS PROVIDED In January 2022, you retired from your position with HANO as a construction manager in the Development and Modernization Department. You are currently employed at your brother's firm, ARTOVIA, that provides consulting services to various entities. ARTOVIA has reviewed construction documents related to a public housing agency in other states and would like to expand its presence in the affordable housing market in Louisiana. ARTOVIA has inquired as to whether they can: 1) contract with HANO directly; and, 2) subcontract with entities on HANO projects. LAW La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant"and"his agency"when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities. La. R.S. 42:1121(B) provides that no former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following the termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed. AN EQUAL OPPORTUNITY EMPLOYER