| A Request for an Advisory Opinion, submitted on behalf of the NSU's Physical Plant Office, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit Physical Plant Office of Northwestern State University ("NSU") from contracting with Real Carpet Cleaning of Natchitoches, LLC ("RCCN") while the daughter of the RCCN owner is employed at NSU. |
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RCCN is the only company licensed to clean carpets in over a fifty mile radius of Natchitoches. RCCN has been doing business with NSU for over twenty (20) years. Since the hiring of Erin Dupree (Office Manager for University Affairs and daughter of the owner of RCCN), NSU has not utilized the services of RCCN.
The Physical Plant Director and staff are responsible for the maintenance and upkeep of NSU's facilities. The Physical Plant Director is responsible for the solicitation of vendors and for the selection of contractors. The contracts with vendors from initiation to payment are all handled within the Physical Plant Office between the Director and the Administrative Program Specialist at the Physical Plant. In day-to-day operations as well as emergency situations, the Director of the Physical Plant is who contacts outside vendors when the internal physical plant staff cannot handle the required services. An example is water removal and water restoration. The Executive Director for University Affairs has the oversight of the Physical Plant Department. The Physical Plant Office has inquired as to whether it may contract with RCCN in the future.
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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. 42:1113(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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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