| A request for an advisory opinion, submitted by Paul Barcelona, concerning whether the Louisiana Code of Governmental Ethics ("Code") would prohibit his company from providing inspection services to St. Tammany Parish after his appointment to the St. Tammany Parish Planning and Zoning Commission. |
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Mr. Barcelona stated that he was appointed to the St. Tammany Parish Planning and Zoning Commission ("Commission") on January 16, 2020. The Commission is responsible for a variety of functions, including but not limited to hearing requests for subdivisions and zoning changes and recommendations to the St. Tammany Parish Council concerning final zoning, land use changes, and subdivision decisions (the St. Tammany Parish Council has the final decision making authority on those matters). The Commission is not responsible for and has no authority concerning professional services contracts entered into by the Parish of St. Tammany.
Prior to his appointment, his company - Artovia, LLC - has been on the Pre-Qualified approved list of professional services providers since 2019. He is the president of Artovia, LLC, who, on March 2, 2018, first entered into a contract for professional services with St. Tammany Parish to provide inspection services on Parish Drainage Improvement projects in Slidell. On May 3, 2019, Artovia, LLC entered into a contract with St. Tammany Parish to provide inspection services related to Parish roadway and drainage projects. An amendment of this contract was executed on January 7, 2020, which provided for the provision of inspection services until December 31, 2020. None of the services provided by Artovia, LLC are related to requests submitted to the Commission.
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La. R.S. 42:1112(A) states that no public servant, except as provided in R.S. 42:1120, shall participate 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. 42:1113(B) 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 opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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