Meetings
 
Agenda Item
Docket No. 22-038
 
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RE:
A Request for an Advisory Opinion, submitted by Anthony Baker, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit him from working for his father's company part-time while employed by the Louisiana Department of Transportation and Development ("LaDOTD").
Facts:
Mr. Baker is asking for an advisory opinion concerning whether the Code prohibits him from working part-time for his father, Richard Baker. His father retired from the LaDOTD in 2014 and started a construction inspection business, Baker HCIS, LLC, this year. Baker HCIS has been subcontracted by Hunt, Guillot & Associates, LLC, which was contracted by the City of Ruston to perform construction inspection services on various sidewalk projects. The LaDOTD and Federal Aid Funds fund these sidewalk projects.

Mr. Baker is currently a Bridge Inspector 5 QA/QC for the LaDOTD - Operations Division - Bridge Maintenance and Inspection Section in Baton Rouge, Louisiana and has been for one (1) year. As a Bridge Inspector 5 QA/QC, he manages bridge inspections, inspecting in-service bridges that meet the applicable FHWA requirements, processing paperwork that the district offices submit, and ensuring the QA/ QC standards are met. Working for Baker HCIS, he would be performing construction inspection services on various things related to sidewalks such as installing storm drains, asphalt paving, sidewalk installation, and associated miscellaneous work. As a Bridge Inspector 5 QA/QC, his responsibilities do not include sidewalk inspections or any of the scope of work Baker HCIS is undertaking, pursuant to their subcontract.
Law:
La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.
La. R.S. 42:1111(C)(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. 42:1113(A)(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: LaToya D. Jordan
 
 
ATTACHMENTS:
Description:
2022-038 - Advisory Opinion Request Anthony Baker
2022-038 Advisory Opinion Final Draft