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Advisory opinion request regarding whether Andrew LeBas may provide engineering services to Volkert, Inc. on projects with the Louisiana Department of Transportation and Development (DOTD) at a time when his mother, Sheri LeBas, serves as the Secretary of DOTD. |
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Sheri LeBas is the Secretary of the LA Department of Transportation and Development (DOTD). Andrew LeBas is her son.
Volkert, Inc. is an engineering firm that seeks to engage Andrew LeBas as a professional engineer. Volkert will submit proposals directly to DOTD and sometimes will be part of a bid package submitted by other contractors or engineering firms. Ms. LeBas or her designee select the engineering firm out of the top three selections submitted to her by a Grading Committee, on which she is not a member.
If hired by Volkert, Mr. LeBas may perform engineering services on projects with DOTD; however, he will not be submitted as the Project Manager. Further, Mr. LeBas is a salaried employee who will receive bonuses based on the performance of the Baton Rouge Office, which includes the performance by the Baton Rouge Office on projects with DOTD. In addition, Mr. LeBas will take part in an Employee Stock Ownership Plan, which gives the employee an interest in the overall performance of the firm. Such benefit is not redeemable until separation of employment.
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The attorneys' for Volkert have requested to withdraw the opinion as they state it is no longer needed.
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La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a) the interest that the public servant has in his position, office, rank, slary, per diem, or other matter arising solely from his public employment or office; (b) the that an elected official who is elected to a house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter, (c) the interest that a person has as a member of the general public.
La. R.S. 42:1114 provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) 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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Allow the request to be withdrawn.
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| Assigned Attorney: |
Tracy Barker |
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