| Advisory Opinion request of Steven Pettus, President of the Board for New Orleans City Park. |
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Steven Pettus is a Managing Partner at Dickie Brennan & Co., which operates restaurants in the City of New Orleans. He currently serves as the President of the Board of Directors for New Orleans City Park. His service on the Board ends in December 2018.
Louisiana Children's Museum ("LCM") is a private, non-profit corporation that operates a children's museum in New Orleans. LCM is in the process of constructing a new museum on the grounds of New Orleans City Park, which is scheduled to open in 2019. Upon completion, LCM will be a tenant of City Park.
In connection with the project, LCM has issued a Request for Proposal ("RFP") to select a company to operate the food service at the new museum. Dickie Brennan & Co. has been selected as one of the finalists. If chosen, the company would enter into a lease agreement with LCM and pay rent to LCM.
Mr. Pettus stated that neither himself, nor Dickie Brennan & Co., would receive financial compensation from LCM. Mr. Pettus also stated that City Park has no supervision or control over the selection of the food service company or the lease agreement between LCM and the selected company.
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La. R.S. 42:1111C(2)(d)
provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive 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 or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
La. R.S. 42:1112B(5)
prohibits a public servant from participating in a transaction in which the following person has a substantial economic interest: Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes anything of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
La. R.S. 42:1120.4 provides that if any appointed member of a board of commission 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 R.S. 42:1112, he shall recuse himself from voting and shall be prohibited from participating in discussion and debate concerning the matter.
La. R.S. 42:1113B prohibits an appointed member of any board or commission, member of his immediate family, or a legal entity in which he has a substantial economic interest, from bidding on or entering into or being in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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