| Advisory opinion request as to whether the Code of Governmental Ethics ("Code") prohibits Pride Opportunity Development LLC from applying for grants from the Northway Economic Development District ("District") at a time when Pride Opportunity Development LLC, has a cooperative endeavor agreement with the District. |
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On January 3, 2020, Pride Opportunity Development LLC entered a cooperative endeavor with the District and the City of Lafayette. Pride Opportunity Development LLC agreed to review the progress of projects and advise the District. The District is a political subdivision of the State of Louisiana. The District is funded by a tax and makes grants to private industry to fund economic development projects. Pride Opportunity Development LLC has no power to award grant funds. Only the District's board may award grant funds. Pride Opportunity Development LLC would like to apply for grant funds for new projects. Pride Opportunity Development LLC will not review any projects which they submit to the District.
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A summary of advisory opinions is attached. The Board has issued several
previous Advisory Opinions regarding the application of the Code to contractors.
The Board held that the Code may apply to a private company as they are deemed to
be a "person" under Louisiana law. As a person entering into a contract under
the supervision or authority of an
elected official or another employee of the governmental entity, is a "public
employee" under La. R.S. 42:1102(18)(a). Generally, the Board held that if the proposed
services to be performed were not within the scope of the original contract, there
would not be a violation of 1113A.
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La. R.S. 42:1113A(1)(a): No public servant…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(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(16): "Person" means an individual or legal entity other than a governmental entity, or an agency thereof.
La. R.S. 42:1102(18)(a) defines "public employee" to mean anyone, 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.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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