Agenda Item
Docket No. 23-731
Advisory Opinion request from Prof. Chris Surprenant, on behalf of University of New Orleans ("UNO"), as to whether a department at UNO may contract with a consulting firm owned by an adjunct professor teaching in a separate department at UNO.
The Urban Entrepreneurship and Policy Institute (the "UEPI"), within the College of Liberal Arts at UNO, is interested in using grant funds to complete certain projects. One potential partner for the UEPI in such projects is Encalarde Consultants, LLC (the "Company"), a consulting firm. The Company is owned by Wayne Encalarde, who is also an adjunct professor at UNO. Mr. Encalarde teaches in the Department of Management and Marketing (the "DMM"), within the College of Business.
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a 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(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any 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; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
Adopt proposed advisory opinion.
Assigned Attorney: Charles Reeves
2023-731 - AO
2023-731 - Advisory Opinion Draft - Surprenant