| Review of an Emergency Advisory Opinion submitted by Timothy Brandon, CEO of TBA Studio Architecture, APC regarding potential contracts involving state entities while Donna Cathey is an employee. |
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The Biomedical Research and Innovation Park, Inc. ("BRIP") is a 501(c)(3) non-profit corporation whose mission is to support the growth of the biotechnical industry in North Louisiana. As part of this mission, BRIP is working in collaboration with the University of Louisiana at Monroe ("ULM") to operate a biomedical research facility to be located adjacent to the ULM College of Pharmacy. A portion of the land will be owned by the ULM Foundation, while another portion will be owned by the City of Monroe for future expansion. BRIP, in conjunction with ULM, will be responsible for the operations, maintenance, and management of the facilities, including the research park land and future BRIP buildings. BRIP has received funding for the project from the U.S. Economic Development Administration, Louisiana Economic Development, Ouachita Economic Development Corporation, Ouachita Parish Police Jury, and the State of Louisiana through capital outlay funds.
In connection with the project, BRIP has issued a Request for Qualification Statements for Architectural Services in which BRIP seeks assistance for architectural and design services for the building to be constructed. The deadline for submissions was November 7, 2022. It is anticipated that the selection and award will be made prior to January 6, 2023.
TBA Studio Architecture, APC ("TBA") is a full-service Architectural Design firm in West Monroe. Donna Cathey is employed by TBA as Chief Operating Officer. She has no ownership interest in TBA and is not authorized to sign contracts on behalf of TBA. Ms. Cathey's son, Stewart Cathey, Jr., is an elected member of the Louisiana Senate for District 33.
TBA has submitted a response to BRIP in connection with the Request for Qualification Statements. As part of the review process, BRIP has asked for confirmation that no conflicts of interest exist under the Code based on Donna Cathey's employment with TBA and her son's service as an elected member of the Louisiana Senate. Mr. Brandon stated that Ms. Cathey's compensation would not be affected by the contract.
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La. R.S. 42:1113(C) provides that no legislator, member of his immediate family, or legal entity in which he has a controlling interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction involving the legislator's agency.
La. R.S. 42:1102(13) defines "immediate family member" to include a public servant's parents.
La. R.S. 42:1102(2)(a)(iii) defines "agency" for elected members of the Louisiana Legislature to mean the legislative branch of state government.
La. R.S 42:1102(8) defines "controlling interest" as an ownership interest, held on behalf of the public servant or a member of his immediate family, either individually or collectively, in a legal entity in excess of 25%.
La. R.S. 42:1113(D)(1)(b)(i) provides that no immediate family member, except a spouse, of a legislator, nor any legal entity of a family member shall enter into any contract with state government unless the contract is awarded by competitive bidding or is competitively negotiated through a request for proposal process or any similar competitive selection process.
La. R.S. 42:1113D(1)(a)(iv) defines "legal entity of a family member" to mean any legal entity in which an immediate family member of a legislator owns an interest of greater than 5%.
La. R.S. 42:1113(D)(a)(v) defines "state government" to include any branch, agency, department, or institution of state government, or any other state quasi-public entity created in law.
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Adopt the emergency advisory opinion.
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| Assigned Attorney: |
Kathleen Allen |
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