Meetings
 
Agenda Item
Docket No. 14-727
 
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RE:
Advisory opinion request regarding whether Hunt, Guillot & Associates, LLC, owned, in part, by Jay Guillot, a member of the Louisiana State Board of Elementary and Secondary Education (BESE), may enter into a subcontract with a private firm awarded a contract by the Division of Administration through the Office of Community Development, Disaster Recovery Unit (DRU) when the DRU is not a party to the subcontract and is not required to approve the subcontract.
Facts:
Jay Guillot is a member of the State Board of Elementary and Secondary Education (BESE). Mr. Guillot is an engineer and 14% owner of Hunt, Guillot & Associates, LLC (HGA). Pan-American Engineers, LLC (PAE) was awarded a contract with the Division of Administration through the Office of Community Development, Disaster Recovery Unit (DRU). In its proposal to DRU, PAE identified HGA as one of its subcontractors. PAE will enter into a subcontract with HGA and DRU will not be a party to the subcontract. In addition, DRU is not required to approve the subcontracts of any subcontractors that were included in the proposal.

Law:
La. R.S. 42:1113D(1)(a)(i) prohibits any member of BESE, the spouse of such member, and any legal entity of the member from entering into any contract with state government.

La. R.S. 42:1113D(1)(a)(iii) defines a "legal entity of a person" to mean any corporation, partnership, or other legal entity in which a person identified in Item (ii) of this Subparagraph or the spouse of such person owns an interest of greater than five percent, except a publicly traded corporation or a legal entity in which the person owns a passive interest that is the result of participation in a federally approved program of employee ownership.

La. R.S. 42:1113D(1)(a)(v) defines "state government" to mean any branch, agency, department, or institution of state government or with the Louisiana Insurance Guaranty Association, the Louisiana Health Insurance Guaranty Association, or any other state quasi public entity created in law.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-727: Advisory Opinion Request
2014-727- correspondence from V Thomas Clark Jr with Adams and Reese re Expedited Advisory Opinion request (hand delivered 6-10-14)
2014-727- Response of HGA to Resurgence Group
2011-1817 Advisory Opinion
2009-896 Advisory Opinion
2013-169 Advisory Opinion