| Advisory opinion regarding whether the Code of Governmental Ethics(Code) would prohibit Ben Boudreaux's business, Pinpoint Engineering, LLC., from providing topographical (Topo) surveys for compensation while he is employed by the Louisiana Department of Transportation and Development (DOTD) as an Assistant Traffic Operations Engineer for District 7. |
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Mr. Boudreaux requested an advisory opinion regarding whether the Code would prohibit his business, Pinpoint Engineering, LLC., from providing Topo surveys for compensation while he is employed by DOTD as an Assistant Traffic Operations Engineer for District 7. He provided that District 7 is located in Lake Charles, Louisiana, and he is part of gang 002. Mr. Boudreaux's job duties include timing signals, conducting traffic studies, writing traffic reports, and reviewing both plans and access connection permit requests. Mr. Boudreaux stated that he does not sign off on any access permits; however, from time to time he does review a few of them.
Mr. Bourdeaux stated that he recently purchased a GPS system that utilizes RTK (Real Time Kinematics) primarily to do elevation certificates for homeowners needing certificates for flood insurance or a building permit. This work is done through his licensed engineering firm, Pinpoint Engineering, LLC. Mr. Boudreaux provided that he conduct services for Pinpoint Engineering, LLC after he completes his work day for DOTD at 3:30 pm and on the weekends.
Further Mr. Boudreaux provided that the GPS system purchased by Pinpoint Engineering, LLC has the capability of doing Topo surveying as well as construction layout. In order to expand Pinpoint Engineering, LLC, he would like to perform Topo surveys for yet unknown potential clients. Mr. Boudreaux stated that a typical Topo survey will include taking GPS shots of property features and elevation shots of the natural grade. Mr. Boudreaux supplied information that his raw data may be used by a client when requesting a permit. Mr. Boudreaux stated that he would inform the client of your position at DOTD and would inquire if the client was seeking any permits which would be processed through his gang. However, Mr. Boudreaux's concern is that once Pinpoint Engineering finished a survey he would have no control over how the data in the survey was utilized by the client.
Specifically Mr. Boudreaux asked whether he can do 1) Topo surveys for clients on properties adjoining state routes, 2) Topo Surveys for clients or other engineering firms or developers (similar to subcontractors) 3) Topo surveys and design work for others on properties not adjoining state routes.
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Board Rule 601 provides that the Board shall receive request for advisory opinion which ... specifically describe the transaction involved, ... and state sufficient facts to enable the board to respond.
La. R.S. 42:1113A prohibits a public servant's immediate family member or a legal entity in which he has controlling interest from bidding on or entering into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the public servant's agency.
La. R.S. 42:1112A prohibits a public servant from participating in a transaction involving his governmental entity in which he has a substantial economic interest.
La. R.S. 42:1112B(3) prohibits a public servant from participating in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1112B(5) prohibits a public servant from participating in a transaction in which a person has a substantial economic interest when the person has a contract with or is owed a thing of economic value from the public servant or a company in which he owns in excess of 25% and by virtue of contract or indebtedness can affect the economic interest of the person.
La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by La. R.S. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, 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 has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
La. R.S. 42:1115B(1) prohibits a public employee from soliciting or accepting, 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 conducts operations or activities that are regulated by the public employees' agency.
La. R.S. 42:1115B(2) prohibits a public employee from soliciting or accepting, 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 has a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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Decline to render as proposed in the draft letter.
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| Assigned Attorney: |
Suzanne Mooney |
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