Meetings
 
Agenda Item
Docket No. 18-1295
 
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RE:
Advisory opinion request as to the application of the Code of Governmental Ethics to Mark Borrel, a member of the Avoyelles Parish Police Jury, and his brother's company, Borrel Engineering.
Facts:
Rene Jean Luc Borrel, the brother of Mark Borrel, is the sole owner of Borrel Engineering. The Town of Bunkie and the City of Marksville have contracts with Borrel Engineering for inspection services for the building permit process. The Avoyelles Parish Police Jury is considering entering into an Intergovernmental Agreement with either the Town of Bunkie or the City of Marksville wherein either of the two municipalities would provide building official services for the building permit process. Rene Jean Luc Borrel/Borrel Engineering would provide the services to Avoyelles Parish Police Jury pursuant to the Intergovernmental Agreement.

The Avoyelles Parish Police Jury is considering entering into a contract with a limited liability company, which has not yet been officially formed, to provide building official services for the permit process. Rene Jean Luc Borrel/Borrel Engineering would be a partial owner of the limited liability company with an ownership interest of less than 25%. No member of Rene Jean Luc Borrel's immediate family would own any interest in the limited liability company. Rene Jean Luc Borrel/Borrel Engineering would provide the services to Avoyelles Parish Police Jury pursuant to the contract.

Law:
La. R.S. 42:1113A(1)(a) prohibits a public servant, immediate family member, or legal entity in which he has a controlling interest from entering into any contract or transaction that is under the supervision or jurisdiction of the agency of the public servant.

La. R.S. 42:1102(8) defines "controlling interest" as any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.

La. R.S. 42:1112B(1) provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.

La. R.S. 42:1114 requires a member of a public servant's immediate family who derives any thing of economic value through any transaction involving the public servant's agency to file a disclosure statement with the Ethics Board on an annual basis.


Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2018-1295 Draft Advisory Opinion
2018-1295 Request for Opinion