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Last modified
2/20/2026 1:24:42 PM
Creation date
5/7/2024 11:39:42 AM
Metadata
2024-162
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2024-162
Requesting Party
Mace Bourgeois
Parties Involved
Fire & Safety Commodities, Inc.
Mace Bourgeois
Susan Bourgeois
Agency at Issue
State of Louisiana
Division of Administration
Louisiana Department of Economic Development
Decision Date
5/3/2024
Law
La. R.S. 42L1113A(1)(a)
La. R.S. 42:1113D(1)(a)(ii)(cc)
La. R.S. 42:1113D(2)(d)
La. R.S. 42:1113D(4)
Caption
The Code of Governmental Ethics does not prohibit Fire & Safety Commodities, Inc. from continuing to provide services to the State through the end of its two contracts, including the exercising of the State’s two one-year option periods, and Susan Bourgeois files Disclosure Form 411 each year the contracts are in effect.
Ethics Subject Matters
Prohibited Contracts
Prohibited Transactions
Disclosure - Personal Financial
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Generally, La. R.S. 42:1113D prohibits you and FSC from entering into any contracts with any <br /> branch, agency, department, or institution of state government. However, both of the contracts at <br /> issue herein were executed prior to your wife's appointment as LED Secretary.As such, neither of <br /> the contracts were prohibited by the Code at the time they were executed. <br /> Further, after considering the provisions of the specific contracts herein, the Board concluded that <br /> since the two contracts were not prohibited at the time they were entered into, and the option <br /> periods do not change the services provided,things,price,or terms of the contracts as contemplated <br /> when they were initially executed, the exception in La. R.S. 42:11131)(2)(d) allows the contracts <br /> to be completed at the option of the State of Louisiana through the two one-year option periods. <br /> Additionally, La. R.S. 42:11131)(4) requires your wife to file Form 411 (available at <br /> ethics.Ia.gov/disclosures)by May 15th of each year that the contracts are in effect.A copy of Form <br /> 411 is enclosed for your reference. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you,that the Code does not prohibit FSC.from <br /> continuing to provide services to the State of Louisiana through the end of the two contracts with <br /> the State of Louisiana, including the exercising of the State's two one-year option periods, <br /> provided that such services are not provided to LED. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Governmental <br /> Ethics. The Board issues no opinion as to past conduct and or to laws other than the Code of <br /> Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and <br /> the conflict of interest provisions contained in the Louisiana Gaming Control Law. <br /> If you have any questions, please contact me at(800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARDOFE HICS <br /> David M. Bordelon <br /> For the Board <br /> Enclosure <br /> Page 3 of 3 (BD 2024162) <br />
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