| Request for an advisory opinion from Lynn Guidry, an architect recently appointed to the Lafayette Airport Commission, relative to hisparticipation in matters that involve construction at the Lafayette Airport. |
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Lynn Guidry has been a licensed architect for over 40 years. Mr. Guidry was appointed to the Lafayette Airport Commission on November 1, 2018, to serve a 4 year term. The Lafayette Airport is currently building a new $80 million terminal and has several ongoing construction projects.
The Lemoine Company, a licensed general contractor is part of the construction team building the new Lafayette Airport terminal.
Mr. Guidry was part of a design-build team with the Lemoine Company in 2013 and 2014, working on 3 construction projects.
Mr. Guidry posed the following questions:
1. Whether he should recuse himself on matters involving construction at the Lafayette Airport due to his past relationship with the Lemoine Company?
2. Whether he could work with the Lemoine Company on projects other than the Lafayette Airport?
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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 25%, 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. 42:1112A prohibits a public servant, from participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
La. R.S. 42:1112B(5) prohibits a public servant from participating in a transaction involving the governmental entity in which, to his actual knowledge, 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 any thing 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Greg Thibodeaux |
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