| Advisory opinion request regarding whether RCC Flooring, LLC may continue to provide carpeting and flooring services for the University of New Orleans where the Director of Recreation and Intramural Sports, Margaret Royerre and her husband, Albert Royerre own the flooring business. |
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Margaret Royerre, Director of Recreation and Intramural Sports supervises UNO's Department of Recreation and Intramural Sports including the operation of the Recreation and Fitness Center. Her husband, Albert D. Royerre, is a 33% co -owner of RCC Flooring LLC, a vendor that currently provides carpeting and flooring services to UNO through a contract under the supervision of UNO's Department of Facility Services. All construction and renovation to facilities at UNO (including installation of carpeting and flooring) are under the supervision or jurisdiction of our Facility Services Department. This contract was awarded to RCC Flooring in 2011 through the competitive bid process.
The Department of Facility Services worked through UNO's Purchasing Office to award the contract to RCC Flooring. Margaret Royerre did not have any influence on the awarding of the contract to RCC Flooring and does not direct or administer any services of RCC Flooring for the University of New Orleans.
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Section 1113A prohibits a public servant, a member of his immediate family, or a legal entity in which the public servant or immediate family member have an interest greater than 25%, from bidding on or entering into a contract, subcontract or other transaction under the supervision or jurisdiction of the public servant's agency.
Section 1102(23) defines "transaction involving the governmental entity" as "any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) is or will be the subject of action by the governmental entity (b) is one to which the governmental entity is or will be a party or (c) is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency".
Section 1111C(2)(d) of the Code prohibits a public servant from accepting anything of economic value from a person who has or is seeking to have a business or financial relationship with the public servant' agency. Section 1102(16) of the Code defines a person as an individual or legal entity other than a governmental entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Aneatra Boykin |
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