| Advisory opinion request from Galen Wilson, employee of the Office of Facility Planning and Control ("FPC"), as to whether his company may complete work on a contract with the Louisiana Military Department ("LMD"). |
|
Mr. Wilson currently owns Corne Wilson Architects, a Professional Architectural Corporation (the "Company"). The Company entered into a contract with the LMD effective October 6, 2023 (the "Subject Contract"). Commencement of work on the Subject Contract was suspended by LMD while it procured funding for such work.
In December 2024, Mr. Wilson accepted employment with FPC, an agency within the Louisiana Division of Administration, as a project manager.
In June 2025, LMD notified the Company that funding for the Subject Contract had been procured, and LMD requested that the Company commence work pursuant to the Subject Contract.
FPC is not a party to the Subject Contract, does not have any involvement with the Subject Contract, and will not have any involvement with the Subject Contract going forward.
|
|
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)(vi) defines "agency" to mean, for members of a governing authority, the 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 an elected official.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Charles Reeves |
|
|