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Advisory opinion request regarding Hunt, Guillot & Associates, LLC, owned, in part, by Jay Guillot, a newly elected member of BESE, transacting business with various state and local entities. |
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Jay Guillot was recently elected to the State Board of Elementary and Secondary Education (BESE). Mr. Guillot will take office on January 15, 2012.
Mr. Guillot is an engineer and 14% owner of Hunt, Guillot & Associates, LLC (the "Company"). Presently, the Company has several contracts with public agencies, including, the Office of Community Development, Disaster Recovery Unit for grant management services related to Hurricanes Katrina and Rita; LSU Ag Center relating to sewer repairs; Department of Health and Hospitals relating to installation of backup generators funded by a FEMA grant; and several contracts with local school boards.
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La. R.S. 42:1113D(1)(a)(i) prohibits any member of BESE, the spouse of such member, and any legal entity of the member from entering into any contract with state government.
La. R.S. 42:1113D(1)(a)(iii) defines a "legal entity of a person" to mean any corporation, partnership, or other legal entity in which a person identified in Item (ii) of this Subparagraph or the spouse of such person owns an interest of greater than five percent, except a publicly traded corporation or a legal entity in which the person owns a passive interest that is the result of participation in a federally approved program of employee ownership.
La. R.S. 42:1113D(2)(d) states that completion of any contract which, at the time it was entered into, was not prohibited by the provisions of this subsection, is not prohibited; however, no such contract shall be renewed.
La. R.S. 42:1113D(1)(a)(v) defines "state government" to mean any branch, agency, department, or institution of state government or with the Louisiana Insurance Guaranty Association, the Louisiana Health Insurance Guaranty Association, or any other state quasi public entity created in law.
La. R.S. 42:1113A prohibits a public servant and a legal entity in which he owns a controlling interest from bidding on or entering into any contract, subcontract or transaction under the supervision or jurisdiction of his agency.
La. R.S. 42:1114 provides that each public servant and each member of his immediate family who derives anything of economic value of which he may be reasonably expected to know through a person which has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114.
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Reccomendation and draft opinion to be presented to the Board at the meeting.
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| Assigned Attorney: |
Tracy Barker |
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