| Advisory opinion request regarding whether the Code of Governmental Ethics (Code) would prohibit Tangipahoa Parish Government employee Jill DeSouge's son, Brody DeSouge, independently or as an employee of KA-JI Construction, from being employed with RAWL or a similarly situated contractor with Tangipahoa Parish while she is employed with the Parish. |
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Jill DeSouge works for Tangipahoa Parish Government in accounts payable. She provided that she does not sign checks and she does not approve contracts for the Parish, she only processes the checks. Ms. DeSouge and her husband have a business that employs her son as a CDL driver. She would like to know if KA-JI Construction and/or her son, in his own right as an independent contractor, may subcontract with RAWL or the lowest bidder to haul material to the landfill for the parish. Further, she stated, if it causes a problem KA-JI Construction would be willing not to contract with or accept any compensation from parish contractors even if your son uses the company truck to haul material to the landfill.
Ms. Desouge stated that when the Parish needs material hauled to the landfill the purchasing agent calls vendors to get bids on hauling. The vendor with the lowest bid gets the job. The vendor will use their own trucks and/or hire additional trucks to help complete the job in a timely manner. For example, RAWL has been the lowest bidder and won the contract in the past. When the job is complete the bid winner submits an invoice to the purchasing agent to approve, then the invoice goes to the finance director to approve, and then to Ms. Desouge to process the check. The check would be written to the lowest bidder, for example RAWL. Once she has processed the check, she submits it for signatures and RAWL pays the extra CLD drivers if they hired any. Neither her son nor her company or son would be paid directly by the Parish.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. La. R.S. 42:1113A prohibits a public servant or a member of such public servant's immediate family or a legal entity in which he has controlling interest from bidding on or entering into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the public servant's agency. La. R.S. 42:1114 provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives anything of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in La. R.S. 42:1114.
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Adopt draft advisory opinion
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| Assigned Attorney: |
Suzanne Mooney |
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