| Advisory opinion request as to whether an electrical company owned by the son of an appointed member of the St. Bernard Parish Library Board of Control can contract with the library to perform services. |
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The St. Bernard Parish Government contracted with Gibbs Construction, LLC ("Gibbs") to build St. Bernard Parish's new public library. The construction contract was under the supervision and jurisdiction of the St. Bernard Parish Department of Public Works. Gibbs subcontracted the building's electrical installation to Livaudais Electrical & Construction, L.L.C. ("Livaudais Electrical"). Philip Livaudais owns Livaudais Electrical. Philip Livaudais is the son of Rebecca Livaudais, who is an appointed member of the St. Bernard Parish Library Board of Control. The electrical design of the new public library, as stipulated by the architects' project manual, required electrical patterns and devices that are not suitable or advantageous for efficiently operating a public library. Since the architects would not authorize change orders to correct the electrical errors and omissions in the plans, many areas of the new public library require an electrical makeover to ensure the building operates properly. Livaudais Electrical employees are the only qualified electricians to perform any change work on the new public library, as they installed everything in the building and know where everything is and how it works. Any other electrician would be going in blind with a higher chance of causing damage to the electrical systems or corrupting or compromising something. Additionally, the building is still under warranty, and if another electrician performs the work and causes damage, the electrical warranty will be cancelled.
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La. R.S. 42:1113(B) states that no appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest shall bid on or enter into…any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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