| Advisory opinion request by Dannie Garrett, III, Special Counsel to the Plaquemines Parish Council, regarding whether Madere & Sons Marine Rental, LLC or its subsidiary Deep South Oilfield Construction (Deep South) may contract with Plaquemines Parish Government or serve as a subcontractor on a contract issued by Plaquemeines Parish Government while Charlie Burt serves as a Plaquemines Parish Council member and is employed by Madere & Sons Marine Rental, LLC (Madere). |
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Charlie Burt serves as a member on the Plaquemines Parish Council for District 6. He is employed by Madere as a Sales and Business Development Representative for the subsidiary Deep South. Council member Burt receives a salary with no commission, has no ownership interest in either company, and does not serve as an officer or director of either company.
Madere/Deep South leases property from Plaquemines Parish Government for docking tugboats owned by Madere/Deep South, however, Council member Burt has no role in the lease or docking of tugboats on the leased property. On occasion, Madere/Deep South has vied for work with Plaquemines Parish Government and with its contractors that have contracts with the parish. The selection process for contracts with the Plaquemines Parish Government is carried out by the Parish President and his designees. Council member Burt's compensation from Madere/Deep South is/would not be impacted by contracts with either Plaquemines Parish or its contractors. Additionally, Council member Burt has no role in the acquisition or performance of work performed by Madere/Deep South for Plaquemines Parish Government or its contractors.
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La. R.S. 42:1111C(2)(d) prohibits a public servant from receiving any thing of economic value for or in consideration of services rendered, or to be 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. 42:1115A(1) or (B) from receiving a gift.
La. R.S. 42:1112B(3) provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, or employee has a substantial economic interest.
La. R.S. 42:1113A prohibits a public servant or legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transactions that is under the supervision or jurisdiction of the agency of such public servant.
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 the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which 1) is regulated by the agency of such public servant, or 2) has bid on or entered into or is any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114.
La. R.S. 42:1120 provides that if any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of La. R.S. 42:1112, he shall recuse himself from voting, but may participate in the debate or discussion of the matter, provided that he makes the disclosure of his conflict or potential conflict part of the record of his agency prior to his participation in the discussion or debate and prior to the vote that is the subject of discussion or debate.
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| Assigned Attorney: |
Brett Robinson |
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