| Advisory opinion request from Scotty Baudoin regarding whether the Code of Governmental Ethics (Code) would prohibit his company, M and E Consulting, from providing consulting services to the same general and sub-contractors that M and E Consulting will be reviewing their work on private and public projects. |
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Scotty Baudoin requested an advisory opinion regarding whether the Code of Governmental Ethics would prohibit his company, M and E Consulting, from providing consulting services to general and sub-contractors, when M and E Consulting will be reviewing their work on private and public projects. The consulting services would be advising companies of the best management practices to use to help the companies improve performance and efficiency.
Mr. Baudoin stated that M and E Consulting is a licensed mechanical and electrical engineering consulting firm, which provides engineering design services to architects, private companies and public entities. When M and E Consulting reviews the work of a contractor for a public entity, it is responsible for observing the work of the general, mechanical and electrical contractors to make sure the work is being installed per the intent of the contract documents and in compliance with the Engineering Code.
Mr. Baudoin stated that M and E Consulting has contracts with the University of Louisiana, at Lafayette, Lafayette Consolidate Government and a number of other public agencies to provide review services on ongoing construction projects. M and E Consulting is also the subcontractor for review services to architects and engineers whose contracts are with public entities.
Further, he stated that the employee of M and E Consulting that provides the services on the contracts to oversee the public jobs would also be providing the consulting services advising the companies of the best management practices to use to help the companies improve performance and efficiency. Also, he would expect that the companies would utilize the management services the employee would supply to efficiently complete the project they are currently working on.
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La. R.S. 42:1111C(2)(d) prohibits a public servant, or a legal entity in which the public servant exercises control, from receiving a thing of economic value for services rendered to any person whose conducts operations or activities that are regulated by the public servants agency has or is seeking to obtain a business or financial relationship with the public servant's agency.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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