| Appearance in connection with an advisory opinion request regarding whether Picciola Construction, Inc., may bid on the "Golden Meadow Town Hall Improvements" project. |
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Joseph Picciola, II, is the brother of John Picciola. Picciola & Associates, Inc. (PAI), owned solely by Joseph Picciola II, is under contract with the Lafourche Parish government as their consultant project manager for CDBG (Community Development Block Grant) projects resulting from hurricanes Gustav and Ike. Lafourche Parish granted funds to the town of Golden Meadow for town hall improvements. Golden Meadow will execute all construction agreements in accordance with this project.
Picciola Construction Company, Inc. (PCC), 97% owned by John Picciola, is the low bidder on the construction contract for the town hall improvements projects.
The chain of command for this project would be PCC reports to Duplantis Design Group (DDG) who reports to PAI who reports to the mayor of Golden Meadow and Lafourche Parish administration.
PAI would have direct supervision of DDG including the contractor procurement and award supervision and recommendation. They would assist the Lafourche Parish administration in scheduling and attending construction meeting, review and oversight of contractor schedule, submittals, and insurance policies, review and reports on any change order, reviews contractor and design professionals pay requests, testing reports, corrective actions, as-built drawings, close out documentation, final inspections, warranty inspections, and other similar tasks. All of these tasks are transmitted and communicated through DDG.
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Section 1102(18)(iii) defines public employee as anyone whether compensated or not, who is engaged in the performance of a governmental function.
Section 1113A(1)(a) prohibits a public servant, member of such public servant's immediate family, or legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
Section 1112B(1) of the Code states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
Section 1102(15) of the Code defines participation as taking part in or sharing responsibility for the actions of a governmental entity or a proceeding, personally, as a public servant of a governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
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Adopt the proposed advisory opinion. Decline to render an opinion as to past conduct.
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| Assigned Attorney: |
Brett Robinson |
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