| Advisory Opinion request from Jon Guice on behalf of Franklin Parish School Board Superintendent John Gullatt regarding his son's company bidding on transactions with the Franklin Parish School Board. |
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John Gullatt is employed by the Franklin Parish School Board as Superintendent. His son, J.B. Gullatt, is one of three owners in Snaps Textile Service LLC which supplies uniforms, mats, and other products to area businesses, including schools. J.B. Gullatt owns 33.33 % of Snaps Textile Services, LLC.
Mr. Guice asks whether the Franklin Parish School Board may solicit a sealed bid from Snaps Textiles Services, LLC, while J.B. Gullatt's father is employed as Superintendent for the Franklin Parish School Board.
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La. R.S. 42:1113(A)(1)(a): No public servant, excluding any legislator and any appointed member of any board or 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.
La. R.S. 42:1102(19) defines "public servant" to include a public employee or an elected official.
La. R.S. 42:1102(18) defines "public employee" to include anyone who is (i) an Administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by an elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; or, (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(13) defines "immediate family member" to include a public servant's children.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in a legal entity, held by or on behalf of a public servant or member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to be the agency in which the public servant serves, except that for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity.
La. R.S. 42:1102(12) defines "governmental entity" to mean the political subdivision which employs the public employee.
La. R.S. 42:1102(23) defines "transaction" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) is, or will be, the subject of action by the governmental entity; (b) is one to which the governmental entity is or will be a party; or, (c) is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
La. R.S. 42:1123(4) provides that the Code shall not prohibit: Sharing in any compensation received from the governmental entity by a person of which such public servant owns or controls any portion thereof, provided such compensation was received by such person as a result of having made the lowest sealed competitive bid on a contract or subcontract and having had such bid accepted by the governmental entity or the general contractor, and provided such public servant did not participate or assist in the procurement of the acceptance of such low bid, except as otherwise specifically prohibited by R.S. 42:1113.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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