| Advisory opinion request submitted on behalf of Joe Picard, Inc. (JPI), regarding whether JPI and A & E Consultants, Inc. (A&E) would be prohibited from performing services on public projects under certain circumstances. |
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Joe Picard, Inc. (JPI) is a Louisiana corporation and a licensed general contractor that is owned by several individuals and the Lee Picard Sr. Children Trust (Trust). A & E Consultants, Inc. (A&E) is a licensed engineering firm that is wholly-owned by JPI.
Jennifer Angelle, wife of Glenn Angelle, is a beneficiary of the Trust through which she holds an 8.7% ownership interest in JPI. Mr. Angelle is the principal of Angelle Architects, LLC, which may serve as the design professional of record on some or all of the projects let out by St. Martin Parish. Mrs. Angelle is not actively involved in JPI nor does she have any voting rights in JPI.
Neal Thibodeaux serves as a member of the St. Martin Parish Council. Mr. Thibodeaux's wife is the sister of Lee Picard Jr.'s wife. Mr. Picard is an owner of JPI and is involved in the day-to-day operations of JPI. However, neither Mr. Thibodeaux nor his spouse has an ownership interest in JPI.
For public projects, the design professional is responsible for providing the required advertisement for a public bid, responding to inquiries from bidding parties regarding the bidding documents, reviewing the bids received by the public body, and making a recommendation to the public body as to the lowest responsive and responsible bidder. As a consultant to the design professional, A&E would not be involved in the bidding process. Furthermore, the public body ultimately makes the decision to whom the contract will be awarded.
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La. R.S. 42:1113A prohibits a public servant, a member of his immediate family, or a 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 his agency.
La. R.S. 42:1102(13) provides that "immediate family" as the term relates to a public servant means his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
La. R.S. 42:1112B prohibits a public servant, except as provided in R.S. 42:1120, from participating in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest:
(1) any member of his immediate family.
(2) any person in which he has a substantial economic interest of which he may reasonably be expected to know.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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