| Advisory opinion request regarding the propriety of Providence/GSE Associates, LLC, responding as a subconsultant under a Request for Statements of Interests and Qualifications for the Bayou Lafourche Fresh Water District. |
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Providence/GSE Associates, LLC (GSE) purchased the assets of GSE Associates, Inc. from its sole owner, Arthur De Fraites, Jr. on August 31, 2009. Mr. De Fraites then became an employee of GSE providing personal consulting services to previous clients in the areas of public works project management and public finance. After January 1, 2011, Mr. De Fraites established his own office and now provides his services to GSE on a part-time basis of approximately 8 hours a week regarding an on-going project for which he was previously the engineer of record. Mr. De Fraites compensates GSE monthly for clerical and minor technical assistance on an hourly basis.
From April, 2012, until approximately February 4, 2013, Mr. De Fraites assisted the Bayou LaFourche Fresh Water District (District) with the preparation of a Request for Statements of Interests and Qualifications (RSIQ) for Engineering Services relative to work under a grant the District was to receive from the State of Louisiana. Mr. De Fraites no longer performs any services for the District. Currently, GSE would like to respond as a subconsultant under a RSIQ for an engineering project with the District. Mr. De Fraites would not assist with preparation of the RSIQ and would not perform any of the work done on the proposed project.
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La. R.S. 42:1121B
prohibits a public servant, for a period of two years following the termination of his public employment, from rendering any service which such former public employee rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
Section 1102 (16)
of the Code defines person as an individual or legal entity other than a governmental entity or agency thereof.
La. R.S. 42:1121B
prohibits a former public servant, for two years, from assisting another person, for compensation, in a transaction in which she participated during her public employment and which involves the governmental entity.
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Adopt the advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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