| Advisory opinion request regarding whether Stephanie Cormane's family business, Cormane's Sewer Systems LLC, may transact business with Northwestern State University while she is employed in the Accounting and Reporting Department at Northwestern State University and proposed Disqualification Plan. |
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Ms. Cormane and her husband own Cormane's Sewer Systems LLC, a small business located in Natchitoches Parish. Cormane's Sewer Systems LLC pumps and cleans sewer systems and grease traps. Cormane's Sewer Systems LLC is the only business in the Parish that offers both services. Stephanie Cormane provided that she is not directly involved in the business. She does not procure any business for the LLC. Cormane's Sewer Systems LLC provided services to the Northwestern State University physical plant and the golf course prior to her employment with the University. Cormane's Sewer Systems, LLC was contacted by staff of the physical plant and golf course. These services were not under a contract but on an as needed basis. Once the services are rendered, an invoice is issued by Cormane's Sewer Systems LLC to Northwestern University. That invoice goes to the Accounts Payable Department, then to Ms. Cormane's department, the Accounting and Reporting Department.She has been employed with Northwestern State University as an accounting tech in the Accounting and Reporting Department since June of 2021. As an accounting tech, the only interaction she would have if Cormane's Sewer Systems LLC rendered services to Northwestern State University is to verify the invoice that comes in the mail and place the payment in the mail. She has an agreement with her supervisor that she will not open or process any mail from Cormane's Sewer Systems, LLC. Her Department does not utilize any of the services provided by the LLC, and, therefore, would never call for sewer or grease trap services.
If granted permission to work for the university, an invoice would be emailed directly to the department for which the work was done. Then, that department would send the invoice over to Accounts Payable for processing. All incoming mail is received by Amber Campa, and then she will place it in the Accounts Payable box. Once Accounts Payable has processed the invoice, data entry will print the checks. Data Entry will then bring the checks to Ms. Cormane's supervisor, Marla Rachal. Ms. Rachal will then seal the check and deliver it to the post office for mailing.
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This matter was considered in March of 2023. The Board voted to defer the matter until Ms. Cormane submitted a proposed Disqualification Plan for approval.
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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. 42:1112A(1) provides that no public servant, except as provided in R.S.
42:1120, shall participate in a transaction in which he has a personal
substantial economic interest of which he may be reasonably expected to know
involving the governmental entity.
La. R.S. 42:1112C provides that every public employee, excluding
an appointed member of any board or commission, shall disqualify himself from
participating in a transaction involving the governmental entity when a
violation of this Part would result. The procedures for such disqualification
shall be established by regulations issued pursuant to R.S. 42:1134(A)(1).
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Adopt the proposed Advisory Opinion and approve the disqualification plan.
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| Assigned Attorney: |
Mallory Guillot |
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