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Advisory opinion regarding Mark J. LeBlanc, the Assistant Public Works Director for Capitol Improvements for the City of Baton Rouge/Parish of East Baton Rouge, may accept a part-time position with the Institute for Building Technology and Safety (IBTS). |
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Mark LeBlanc is the Assistant Public Works Director for Capital Improvements Baton Rouge City-Parish. His duties include serving as the chief financial officer for the Comprehensive Sewerage System Enterprise Fund. He prepares the annual operating budget for the sewerage system and the capital improvements budget for the system's current Sanitary Sewer Overflow Improvements Program. Mr. LeBlanc also assists the City-Parish Finance Department in the preparation of financial statements for the sewerage system and in the issuance of sewer revenue bonds to finance capital improvements.
Mr. LeBlanc has been offered a part time accounting position by the Institute for Building Technology and Safety (IBTS). IBTS provides services for the City of Central pursuant to a contract that began on July 1, 2011. The job duties Mr. LeBlanc has discussed performing for IBTS include assisting in the preparation of Central's annual financial audit, monitoring the financial controls for IBTS' contract with Central, and providing recommendations on best management financial practices and reporting.
The City-Parish does not have any contracts with IBTS at this time. However, the City-Parish owns and operates the sewer infrastructure within the corporate limits of the Central. Sewer customers in Central, like those in other areas of the Parish, pay their sewer user fees directly to the City-Parish through Baton Rouge Water Works or at the City-Parish Finance Department's Service Fee Business Office. Mr. LeBlanc has no direct connection in the collection of the sewer user fee since that is a function of the Finance Department.
As part of Mr. LeBlanc's job duties, he is asked to prepare budget supplements from time to time to appropriate sewer impact fees for projects developed by Public Works Engineers. If Public Works engineers were to recommend a sewer impact fee project within Central, then he would prepare the documents to submit to City-Parish Metropolitan Council to appropriate the funds. He cannot directly submit these documents to the Metro Council without the approval of the Director of Public Works or the Deputy Public Works for Engineering and Planning.
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R.S. 42:1111C(2)(d) prohibits a public servant from accepting any thing of economic value for or in consideration of services rendered from a person (1) who has or is seeking to have a contractual, business, or financial relationship with the public servant's agency; (2) conducts operations or activities which are regulated by the public servant's agency; or (3) who has substantial economic interests which may be substantially affected by the performance or nonperformance of the public servant's official duty.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Deidra Godfrey |
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