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Advisory opinion regarding whether a design firm is prohibited from bidding on or entering into contracts with the Office of Facility Planning and Control when the Assistant Director, Mark Moses', son marries an employee of the design firm. |
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Mark Moses is the Assistant Director of the Office of Facility Planning and Control. Mr. Moses duties include general oversight of numerous state and non-state capital outlay construction projects. Mr. Moses reviews contracts and contract amendments with forms hired to perform design services. Mr. Moses also serves as a member of the Louisiana Architectural Selection Board, which is responsible for the selection of architects to perform design work on some capital outlay projects with a construction cost greater than $500,000.
Mr. Moses' son is engaged to marry a girl who works at a local design firm. This design firm occasionally applies for and is selected to perform design services on behalf of Facility Planning and Control. The future daughter-in-law is employed with the firm's Office Administration/Business Development Department. She is not a designer and does not deal with any projects. Her job is office administration/business development services. Other than her salary, she has no economic interest in the firm, nor is her salary affected by the award of any contract.
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La. R.S. 42:1113A prohibits a public servant, a member of his immediate family or a legal entity in which either owns a controlling interest, from bidding on or entering into a contract, subcontract or transaction that is under the supervision or jurisdiction of the public servant's agency.
La. R.S. 42:1113B prohibits an appointed member of a board or commission, his immediate family member, or a legal entity in which they have a substantial economic interest, from entering into or being in any way interested in a transaction that is under the supervision or jurisdiction of the board or commission.
La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
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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Adopt proposes advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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