| Advisory opinion regarding whether IMPCO, Inc., may transact business with St. John the Baptist Parish at a time when its employee, Kurt Becnel, serves as a member of the St. John the Baptist Parish Council. |
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Kurt Becnel was sworn in as a member of the St. John the Baptist Parish Council on January 11, 2016. Additionally, he is a salaried employee of IMPCO, Inc., an industrial wholesale mill supplier. As the General Manager for IMPCO, Inc., Mr. Becnel oversees the overall daily operations of the company and reports to the owners.
Prior to Mr. Becnel's election, IMPCO, Inc., sold items to the Parish through requisitions or requests for quotes. If and when its price was acceptable, the Parish forwarded a purchase order to IMPCO, Inc., that listed Mr. Becnel as the contact person on behalf of the company. Nevertheless, Mr. Becnel is not an owner, director, trustee, officer or partner of IMPCO, Inc., and his salary would not be affected by any sales to the Parish.
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Board Docket No. 82-02D creates an exception to La. R.S. 42:1111C(2)(d) when the following factors are met: (1) the employee must be a salaried or wage-earning employee; (2) the employee's salary must remain substantially unaffected by the contractual relationship; (3) the employee owns less than a "controlling interest" in the company; and (4) the employee is neither an officer, director, trustee, nor partner in the company.
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La. R.S. 42:1111C(2)(d) prohibits a public servant from providing compensated services to a person that has or is seeking to obtain contractual or other business or financial relationships with his agency.
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. 42:1112B(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. 42:1114 provides that each public servant and each member of his immediate family who derives any thing of economic value, directly, through any transaction involving his agency or who derives any thing of economic value of which he may be reasonably expected to know through a person which has bid on or entered into or is in any way financially interested in any contract, subcontract, or other transaction under the supervision or jurisdiction of his agency shall file a financial disclosure statement each year by May first.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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