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2023-968
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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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ISSUE No.3: PARTICIPATION <br /> La. R.S. 42:1112B states that no public servant, except as provided in R.S. 42:1120, shall <br /> participate in a transaction involving the governmental entity in which, to his actual knowledge, <br /> any of the following persons has a substantial economic interest: <br /> (5)Any person...who owes any thing of economic value to such public servant...and who <br /> by reason thereof is in a position to affect directly the economic interests of such public <br /> servant. <br /> La. R.S. 42:1120 provides that if an elected official, in the discharge of a duty or responsibility of <br /> his office or position, would be required to vote on a matter which would be a violation of R.S. <br /> 42:1112,he shall recuse himself from voting. An elected official who recuses himself from voting <br /> pursuant to this Section shall not be prohibited from participating in discussion and debate <br /> concerning the matter,provided that he makes the disclosure of his conflict or potential conflict a <br /> part of the record of his agency prior to his participation in the discussion and debate and prior to <br /> the vote that is the subject of discussion or debate. <br /> Generally, La. R.S. 42:1112B(5) prohibits Mr. Daigrepont from participating in any matter <br /> involving the School Board in which Mr. Guerin, the sole owner of BCB, has a substantial <br /> economic interest since Mr. Guerin,through his 75% ownership of Fusion, owes Mr. Daigrepont, <br /> an employee and future 5%owner of Fusion,a thing of economic value and is thereby in a position <br /> to directly affect Mr. Daigrepont's economic interests. <br /> Additionally, La. R.S. 42:1120 requires Mr. Daigreport to recuse himself from voting on any <br /> matter before the School Board that would violate La. R.S. 42:1112. However, Mr. Daigrepont is <br /> not prohibited from participating in the discussion and debate concerning any such matter before <br /> the School Board, provided Mr. Daigrepont makes the disclosure of his conflict or potential <br /> conflict a part of the School Board's record prior to his participation in the discussion or debate <br /> and prior to the vote on the matter. La. R.S. 42:1112C does not apply because Mr. Daigrepont is <br /> an elected official,not a public employee. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that the Code does not prohibit BCB <br /> Architects, LLC from bidding on or entering into any contract, subcontract, or other transaction <br /> with the West Baton Rouge Parish School Board while Matthew Daigrepont serves as a School <br /> Board member, but Mr. Daigrepont is required to recuse himself from voting on any matter that <br /> may come before the School Board involving Bradley Guerin and BCB Architects, LLC. <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 or as 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 /> Page 3 of 4 (BD 2023-968) <br />
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