| Advisory Opinion request from Danny Tullier, an employee of the La. Dept. of Transportation and Development, regarding his son's company providing services to DOTD and/or DOTD vendors. |
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Danny Tullier is employed by the Department of Transportation and Development ("DOTD") as a Roadway Maintenance Management Engineer within the Maintenance Systems Management Section of the Office of Operations. His son, Marc Tullier, owns 100% of Newroll Enterprises LLC, which provides software engineering services. Danny Tullier does not have any ownership interest in Newroll Enterprises LLC. Mr. Tullier asks whether his son's business can provide services to DOTD or to vendors who contract with DOTD under different scenarios.
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La. R.S 42:1111B provides that no public servant shall receive anything of economic value from a person to whom the public servant has directed business of the governmental entity.
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. 42:1113(A)(1)(a) provides that no public servant… 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 provides the following relevant definitions:
(2)(a)(i) "Agency" for public servants in the twenty principal departments of the executive branch of state government, means the office in which such public servant carries out his primary responsibilities;
(8) "Controlling interest" means 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.
(13) "Immediate family" includes a public servant's child.
(18) "Public employee" means anyone who is engaged in the performance of a governmental function or is under the supervision of another employee of the governmental entity.
(19) "Public servant" means a public employee or elected official.
(23) "Transaction involving the governmental entity" means 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.
(c) Is one in which the governmental entity has a direct interest.
La. R.S. 42:1114 requires that each immediate family member, who derives anything of economic value of which he may reasonably be expected to know through a person who has bid on or entered into or is in any way financially interested in any contract, subcontract, or other transaction under the supervision or jurisdiction of the agency of the public servant, shall file an annual financial disclosure form with the Board.
La. R.S. 42: 1116C: No regulatory employee shall participate in any way in the sale of goods or services to a person regulated by his public agency, or to any officer, director, agent, or employee of such person, if a member of the immediate family of the regulatory employee, or any business enterprise in which such regulatory employee or member of his immediate family owns at least twenty-five percent, receives or will receive a thing of economic value by virtue of the sale.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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