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Last modified
5/24/2024 9:12:41 AM
Creation date
4/8/2024 9:06:44 AM
Metadata
2023-968
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-968
Requesting Party
Stephen Whitlow
Parties Involved
BCB Architects, LLC
Bradley C. Guerin
Fusion Architects, APC
Matthew Daigrepont
Agency at Issue
West Baton Rouge Parish School Board
Decision Date
4/5/2024
Law
La. R.S. 42:1113A(1)(a)
La. R.S. 42:1111C(2)(d)
La. R.S. 42:1112B(5)
La. R.S. 42:1120
Caption
The Code of Governmental Ethics does not prohibit BCB Architects from contracting with the West Baton Rouge Parish School Board while Matthew Daigrepont serves as a School Board member, provided he recuses himself from voting on any matter involving Bradley Guerin and BCB Architects.
Ethics Subject Matters
Prohibited Contracts
Prohibited Sources
Participation
Recusal
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and for the elected or appointed chief executive of a governmental entity, it shall mean the <br /> governmental entity. <br /> La: R.S. 42:1102(9) defines "elected official" to mean any person holding an office in a <br /> governmental entity which is filled by the vote of the appropriate electorate. It shall also include <br /> any person appointed to fill a vacancy in such offices. <br /> La.R.S.42:1102 (12)defines"governmental entity"to mean the state or any political subdivision <br /> which employs the public employee or employed the former public employee or to which the <br /> elected official is elected, as the case may be. <br /> La. R.S. 42:1102(19) defines "public servant" as a public employee or an elected official. <br /> Mr. Daigrepont is an elected official according to La. R.S. 42:1102(9) and a public servant <br /> according to La. R.S. 42:1102(19). Mr. Daigrepont's agency and governmental entity is the West <br /> Baton Rouge Parish School Board according to La. R.S. 42:1102(2)(a) and La. R.S. 42:1102(12), <br /> respectively. <br /> ISSUE NO. 1: CONTRACTUAL ARRANGEMENTS <br /> La. R.S. 42:1113A(1)(a) states that no public servant, excluding any legislator and any appointed <br /> member of any board of commission and any member of a governing authority of a parish with a <br /> population of ten thousand or less,or member of such a public servant's immediate family,_or legal <br /> entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or <br /> other transaction that is under the supervision or jurisdiction of the agency of such public servant. <br /> La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or <br /> beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate <br /> family, either individually or collectively,which exceeds twenty-five percent of that legal entity. <br /> Under La. R.S. 42:1113A(l)(a), BCB is not prohibited from bidding on or entering into any <br /> contract, subcontract, or other transaction with the School Board because Mr. Daigrepont has no <br /> controlling interest in BCB. <br /> ISSUE No.2:RECEIPT OF COMPENSATION <br /> La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public <br /> servant exercises control or owns an interest in excess of twenty-five percent, shall receive any <br /> thing of economic value for or in consideration of services rendered, or to be rendered, to or for <br /> any person during his public service unless such services are: (d) Neither performed for nor <br /> compensated by any person or from any officer, director, agent, or employee of such person, if <br /> such public servant knows or reasonably should know that such person has or is seeking to obtain <br /> contractual or other business or financial relationships with the public servant's agency. <br /> La. R.S. 42:1111 C(2)(d) does not apply because Mr. Daigrepont is not receiving any thing of <br /> economic value for or in consideration of services rendered to or for BCB while he is a member <br /> of the School Board. <br /> Page 2 of 4 (BD 2023-968) <br />
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