| Advisory opinion regarding whether Gary Albarez can continue to provide contractual appraisal services to Leonard E. Pauley, Jr., if he accepts employment with the Louisiana Department of Transportation and Development (DOTD), Section 23, Real Estate as a Review Appraiser 4. |
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Gary Albarez is a Louisiana Certified General Real Estate Appraiser. He has been offered the position of Review Appraiser 4 in Section 23 of the Real Estate Department of DOTD. In his position, he will be stationed in Hammond, LA with his primary responsibility for projects in New Orleans and the Northshore area, although he could be involved in projects anywhere in the state. Currently, Mr. Albarez provides contractual work to Leonard E. Pauley, Jr., who also does occasional work for DOTD and is currently on the appraiser panel for DOTD.
Mr. Pauley, through his wholly owned corporation, the Pauley Corporation, entered into a retainer contract for right of way services with DOTD to provide right of way appraisal services statewide. Pursuant to the retainer contract, Mr. Pauley enters into individual task orders for each project on which he is to provide appraisal services. Mr. Pauley cannot rescind this contract but has stated he will not accept task orders from DOTD if Mr. Albarez accepts a position with DOTD.
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La. R.S. 42:1111C(2)(d) provides that 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 or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or 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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