Meetings
 
Agenda Item
Docket No. 12-1872
 
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RE:
Advisory opinion regarding whether Stephen Estopinal may provide compensated services to SJB Group, LLC while he serves on the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East ("Authority").
Facts:
Stephen Estopinal serves on the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East ("Authority"). The Authority is the governing authority for the East Jefferson Levee District, the Orleans Levee District, and the Lake Borne Basin Levee District. The Authority is presently engaged in the installation of high precision GPS surveying technology.

Mr. Estopinal is a civil engineer and land surveyor employed by SJB Group, LLC. Mr. Estopinal is salaried, but may receive bonuses based on his division and the company's profitability. Mr. Estopinal has no ownership in the company. SJB Group does not do any business with the Authority.

Mr. Estopinal would like to solicit business for his company, including other levee districts, explaining to them the advantages of installing GPS surveying technology. Mr. Estopinal states he will not be assisting any person in connection with a transaction with the Authority, nor solicit anyone who has or is seeking to obtain a contractual or other business relationship or financial relationship with the Authority. Mr. Estopinal will not solicit anyone who may be regulated by the Authority.

Law:
La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by Section 1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.

La. R.S. 42:1115B(1) prohibits a public employee from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person conducts operations or activities that are regulated by the public employees' agency.

La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-1872- Advisory Opinion Request
2012-1872 Draft OPinion