| Advisory Opinion request from Baton Rouge Downtown Development District regarding a potential contract with The Walls Project, a nonprofit organization. |
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Act 437 of the 1984 Legislative Session authorized the City of Baton Rouge/Parish of East Baton Rouge Metropolitan Council to create the DDD as a special taxing district within the City of Baton Rouge. The DDD is governed by a Board of Commissioners pursuant to La. R.S. 33:2740.8.
The DDD's mission is to promote and enhance the downtown area. The DDD desires to contract with The Walls Project, a non-profit organization whose purpose is to break down the societal walls that perpetuate poverty through creativity and art, to create a civil rights artistic trail in downtown Baton Rouge. Iboro Udoh has been employed by the DDD as a Development Project Director since January 2024. He reports to Whitney Sayal, Executive Director.
Mr.Udoh's wife, Morgan Udoh, has been employed by The Walls Project since July 2021 and is currently the Mural Arts Senior Program Coordinator. The potential contract between the DDD and The Walls Project would not affect Morgan Udoh's salary, and she has no ownership interest in The Walls Project. You stated that the contract would be signed by The Walls Project Executive Director Casey Phillips. Morgan Udoh would assist in coordinating the artists who are selected to perform the services for The Walls Project, but will not otherwise be providing artistic services to the DDD.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency;
La. R.S. 42:1111C(5): Notwithstanding the provisions of Subparagraph (2)(d) of this Subsection, the spouse of a public servant may continue employment with a person who has or is seeking a contractual or other business or financial relationship with the public servant's agency provided all of the following conditions are met:
(i) The spouse is a salaried or wage-earning employee and has been continuously employed by the person for at least one year prior to the date the compensated employment would have otherwise initially been prohibited.
(ii) The compensation of the spouse is substantially unaffected by a contractual or other business or financial relationship with the public servant's agency.
(iii) Neither the public servant nor the spouse is an owner, officer, director, trustee, or partner in the legal entity which has or is seeking to have the relationship with the public servant's agency.
(iv) The public servant recuses or disqualifies himself from participating in any transaction involving the spouse's employer in accordance with R.S. 42:1112 and related rules and regulations.
(v) Either prior to or within ten business days of the date the compensated employment would otherwise be prohibited, the spouse and the public servant jointly file with the Board of Ethics a written notice containing a brief description of the nature of the contractual, business, or financial relationship with the public servant's agency, the date the spouse was employed by the person, and any other information required by the board.
(vi) The spouse complies with the disclosure requirements in R.S. 42:1114.
(b) The provisions of this Paragraph shall not apply to members of the legislature.
La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1113A(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: |
David Bordelon |
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