| Advisory opinion regarding whether the Code of Governmental Ethics (Code) would prohibit CSRS, Inc. (CSRS) from responding to the Louisiana Office of Community Development (OCD) Request for Proposals (RFP) for the Master Planning and Program Development for the Isle de Jean Charles Phase 2 and whether the Code would prohibit CSRS, Inc. from responding as a subcontractor on an RFP issued by ODC for Disaster Grant Management Services. |
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CSRS requested an advisory opinion regarding whether the Code would prohibit them from responding to Louisiana OCD's RFP for the Master Planning and Program Development for the Isle de Jean Charles Phase 2 and whether the Code would prohibit CSRS from responding as a subcontractor on an RFP issued by OCD for Disaster Grant Management Services.
Addendum 1 to Isle de Jean Charles Phase 2 RFP, published on July 21, 2017, states that "Team members, contractors, and vendors currently working or who have previously worked under an agreement with the State for services related to a Phase 1 of the Resettlement of the Isle de Jean Charles should request an opinion from the Louisiana Board of Ethics concerning their ability to respond to this RFP."
In compliance with that request you stated that two employees of CSRS, Mark Goodson and James Andermann, while previously employed with another firm, CB&I Environmental & Infrastructure, Inc. (which is now APTIM), worked on Phase 1 of the Resettlement of Isle de Jean Charles - Data Gathering and Engagement Phase from July to October 2016. You further state that APTIM will be a subcontractor to CSRS on Phase 2 of Isle de Jean Charles. Also, two employees of APTIM, Amy Courville and John McEwan, worked on Phase 1. You provided that Phase 1 is complete. All data and information gathered in Phase 1 was compiled into the appendix for the RFP for Phase 2, which is readily available to the general public. You state that the former employees of CB&I/APTIM do not have access to information that is not available to other RPF responders.
CB&I's work on Phase 1 included: 1) participation in interviews of residents on Isle de Jean Charles to ascertain their desire to resettle and desire for a new community; 2) assistance in the facilitation of two community meetings; and 3) the documentation of existing physical conditions on the land.
With respect to Phase 1, Mark Goodson and Amy Courville, as Program Managers, coordinated staff resources and provided strategic direction to the project team. James Andermann, as Project Manager, led a small team of CB&I employees in executing the scope of work. John McEwan, as Geographic Information Systems Manager, compiled data into a geographic form.
You provided that the RFP for Phase 2 seeks proposals from firms interested in leading the development of a new master plan for a new community to be founded on a site to be selected and secured by the State for the resettlement of current and, potentially, former residents of the Isle de Jean Charles. Further, the RFP seeks services to recommend the future rights and responsibilities with respect to the use and/or disposition of parcels on the current Isle de Jean Charles in conjunction with and after the resettlement activities have been completed.
Additionally, CSRS intends to respond to an RFP to provide grant management services as a subcontractor to PanAmerican Engineers. This RFP seeks proposals from firms for work in the various Disaster Recovery Programs described in the Action Plan and their amendments which were or will be submitted to the U.S. Department of Housing and Urban Development (HUD). The Resettlement of Isle de Jean Charles is a Disaster Recovery Program described in an Action Plan submitted by the State and approved by HUD.
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La. R.S. 42:1121 Assistance to certain persons after termination of public service
A. (1) No former agency head or elected official, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
(2) No former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
C. No legal entity in which the former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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