| Request for an advisory opinion relative to whether a construction company which employs Dale Rogers, a St. Mary Parish (pop.54,650) Councilman, can transact business with St. Mary Parish. |
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Eric Duplantis, legal advisor for St. Mary Parish Government, presented two factual scenarios which he would like for the Board to address:
SCENARIO 1: Whether Pelican Contractors of Louisiana, a construction company which employs Dale Rogers, a parish councilman, may submit bids or proposals for construction work. Dale Rogers has no ownership interest, is not a director, officer or trustee in the construction company and is a salaried employee who would receive no commission if the construction company were successful in securing a bid for work.
SCENARIO 2: Whether a construction company owned by a parish councilman with more than 25% interest, may submit bids or proposals for construction work.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person who (1) has or is seeking to have a contractual, business or financial relationship with the public servant's agency; (2) conducts operations or activities that are regulated by the public employee's agency; or (3) has a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1112B(3) prohibits a public servant, except as provided in R.S. 42:1120, 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. 42:1113A(1)(a) prohibits a public servant, or member of his immediate family, or 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Greg Thibodeaux |
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