| Advisory opinion regarding whether a company, MWL Architects, may submit a bid for a contract with Lafourche Parish, where the company has provided consulting services to Lafourche parish in connection with the bidding process for the contract. |
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Lafourche Parish is in need of a new jail complex. Presently, the Parish contracts with LCS Corrections Services, LLC for the housing, care, custody and transportation of certain Lafourche Parish Detention Center Inmates. According to the information provided, Mr. Michael LeBlanc has a 16% ownership interest in LCS Corrections Services, L.L.C. It appears as though a proposal for re-dedication of tax proceeds will be brought before the voters in the fall. The Parish Council would like to hire the firm of MWL Architects to provide consulting services in preparation for the holding of the re-dedication election (site selection, bond approval, program services) on an hourly basis. Mr. Michael LeBlanc has a 100% ownership interest in MWL Architects.
The contract provides that the consultant shall participate as an independent contractor and is not considered to be an employee, agent or servant of the Parish. The consultation contract provides that the consultant will provide site selection services for the new proposed jail, which include neighborhood acceptance, adequate size, adequate utility services, adequate access, adequate soil, adequate flood elevation, acceptable price, free of encumbrance, i.e. gas lines, landfills, overhead utility lines, etc. He will employ a pollster, at the appropriate time to analyze voter reaction to the proposed bond issue. In the event, other funding becomes available for the project and voter approval is not needed, then the pollster shall not be employed. He shall provide program spaces recommended by the Parish President, Lafourche Parish Jail Committee and the Lafourche Parish Sheriff or his assigns and attend council meetings when requested. The contract provides that the consultant will be in constant contact with the Parish to insure that any issues that arise are being addressed. The consultant will work from various locations but will always be available to office staff and administration during the term of the agreement in writing.
MWL Architects has stated that it would like to submit a proposal to perform the architectural services for the building of the new jail when and if the proceeds for construction become available.
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Section 1112 of the Code prohibits a public servant from participating in transactions with its governmental entity in which the public servant or any person in which the public servant has a substantial economic interest has an interest. Section 1102 (18)(a)(iii) of the Code defines a "public employee" as any one compensated or not who is:
(iii) engaged in the performance of a governmental function or (iv) under the supervisory or authority of an elected official or another employee of the governmental entity.Board has defined a governmental function as "those services that the law requires be performed by a governmental agency for the public's benefit."
Blacks Law dictionary defines a governmental function as a government agency's conduct that is expressly or impliedly mandated or authorized by constitution law or other law that is carried out for the benefit of the general public.
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| Assigned Attorney: |
Aneatra Boykin |
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