| Advisory opinion request regarding whether a Louisiana Army National Guard Major can enter into construction contracts with the Louisiana Military Department or the Governor's Office of Homeland Security and Emergency Preparedness. |
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Justin Bryson is a Major in the Louisiana Army National Guard, serving as a Military Day ("MDAY") soldier. As an MDAY National Guard member, his service is intermittent and typically for limited periods, such as drill weekends and annual training. Currently, he is an Operations Officer (S3) for the 527th Engineer Battalion, headquartered in Ruston, Louisiana. In this role, he is responsible for planning and coordinating battalion operations but does not have authority or involvement in entering into or managing contracts with the Louisiana Military Department ("LMD"), the Governor's Office of Homeland Security and Emergency Preparedness ("GOHSEP"), or any other state entities. While the 527th Engineer Battalion may perform troop labor on LMD projects, it is not involved in the contracting, bidding, or decision-making process for these projects, which are managed by separate entities within the LMD.
Justin Bryson is also a licensed general contractor and owner of Level Industries, LLC, in the State of Louisiana, operating independently of his military duties. He asks whether the Code prohibits him or his company from bidding on or entering into construction contracts with the LMD or GOHSEP while he serves as a Louisiana Army National Guard Major and Operations Officer for the 527th Engineer Battalion.
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La. R.S. 42:1113A(1)(a) provides that 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.
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.
(b) However, "public employee" shall not mean a person whose public service is limited to the following: (i) Periodic duty in the National Guard pursuant to 32 U.S.C. 502. (ii) A contract to provide attest services as a certified public accountant. (iii) Volunteering as described in R.S. 29:735.3.1(A).
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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