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Request for an advisory opinion from Mr. Paul Aucoin regarding an offer extended to him to serve as the Executive Director for the Port of South Louisiana following his recommendation to the port to look into filing a B.P. claim. |
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In May 2013, Mr. Aucoin was offered the position of Executive Director for the Port of South Louisiana. Approximately six months ago, before being offered the Executive Director position, Mr. Aucoin suggested that the port look into filing a B.P. claim. Mr. Aucoin states that he has approximately thirty two additional B.P. claimants whom he referred to another firm, the Williams Law Group. Mr. Aucoin referred the port claim to that firm as well. He chose that firm because his son-in-law is an attorney with the firm, and both he and his son-in-law will get a referral fee from the firm. Mr. Aucoin's son-in-law does not have an ownership interest in the Williams Law Group. Neither Mr. Aucoin, his son-in-law, nor his daughter will be working on the port's B.P. claim in a legal capacity.
However, Mr. Aucoin may be providing information from the port for the claim's process as Executive Director after July 15, 2013, but he states that can be handled by someone else if necessary. Additionally, Mr. Aucoin's son-in-law and daughter are getting a divorce (which will be final in the coming weeks), but have agreed to share his B.P. fees for clients Mr. Aucoin referred to the firm as part of their community property settlement.
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Section 1113A(1) of the Code prohibits a public servant or member of his immediate family, or a legal entity in which he or his immediate family member has a controlling interest from entering into a contract, subcontract, or other transaction under the supervision or jurisdiction of the agency of such public servant.
Section 1112 of the Code of Ethics states that a public servant shall not participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity, nor shall such public servant 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.
Section 1114 of the Code requires a public servant or a member of his immediate family, who derives a thing of economic value, directly, through any transaction, involving the agency of such public servant or who derives a thing of economic value through a person which has bid on or entered into or is in any way financially interested in any contract, subcontract, or any other transaction under the supervision or jurisdiction of the agency of such public servant shall file a disclosure statement with the Board of Ethics stating: 1.) the amount of income derived, 2.) the nature of the business activity, 3.) name and address, and relationship to the public servant, and 4.) the name and business address of the legal entity.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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