| An advisory opinion request regarding whether the Morgan City Harbor and Terminal District can contract with the lowest bid contractor Berry Brothers General Contractors, who employs Troy Lombardo - an appointed Board member. |
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The District owns a weather station that is located off the mouth of the Atchafalaya River and is connected to the National Oceanic and Atmospheric Administration system ("NOAA Station"). The NOAA Station was struck by a barge under tow and sustained damages. At the request of the District's surveyor, on or around August 23, 2018, the District received several quotes from contractors for the pulling and replacement of the NOAA Station. The lowest bid ($79,800.00) was received from Berry Brothers General Contractors ("Berry Bros."), whose bid was more half of the next two lowest bids.
Berry Brothers General Contractors employs Mr. Lombardo as a General Superintendent. Mr. Lombardo was appointed to the District's Board of Commissioners in January 2019, after the request and receipt of bids. Mr. Lombardo is not an owner or officer of Berry Bros. Additionally, Mr. Lombardo would not participate in the services provided by Berry Bros. to the District.
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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: (d) 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; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests 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 from participating in a governmental transaction in which any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1120.4 provides an exception for appointed members of a board or commission to recuse themselves from voting on matters that violate section 1112 of the Code. The appointed members may not discuss and debate the matter.
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Adopt the proposed opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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