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Advisory opinion regarding Benjamin Boudreaux leasing his property to JESCO Environmental & Geotechnical Services, Inc. ("JESCO") while he is employed with the La Department of Transportation and Development ("DOTD") and while JESCO holds two Environmental contracts with DOTD. |
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Benjamin Boudreaux is a former employee of JESCO. While employed with JESCO, JESCO was approached by LSU's AG Center to help it care for several breeds of cord grasses and sea oats. To properly care for cord grasses, special ponds needed to be constructed to provide them a proper home. Mr. Boudreaux offered his property to build the ponds in exchange for a percentage of the profits generated from the plants. In March 2013, the ponds were constructed and, in April 2013, the cord grasses' plants were transported to the ponds.
As 2013 progressed, JESCO financial situation worsened and Mr. Boudreaux feared the company would close the business. As such, Mr. Boudreaux began looking for other job opportunities. On September 30, 2013, Mr. Boudreaux began employment with DOTD working in its design office of District 07 located in Lake Charles, LA. Mr. Boudreaux offered to keep the plants on his property free of charge until the spring of 2014.
The owners of JESCO have asked that Mr. Boudreaux propose a fee to keep the plants on his property as opposed to having to build new ponds and transporting the plants again. A decision has to be made by spring since the cord grass plants can only be moved in the spring. Mr. Boudreaux has posed several questions regarding whether he may continue to house the plants, receive payment for such housing, while he is employed with DOTD and JESCO hold environmental contracts with DOTD.
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La. R.S. 42:1111C(2)(d) provides no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A provides that no public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person: (1) Has or is seeking to obtain a contractual or other business or financial relationships with the public servant's agency.
La. R.S. 42:1115B provides that no public employee shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person: (1) Conducts operations or activities which are regulated by the public employee's agency. (2) Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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