| Advisory Opinion request from Tristan Gruspier, on behalf of the Louisiana Bridge Builders ("LBB"), as to whether the Code of Governmental Ethics (the "Code") prohibits LBB from making payments to certain entities serving as potential subcontractors on a project with Louisiana Department of Transportation ("DOTD"). |
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LBB has contracted with DOTD to serve as the contractor for the I-10 Calcasieu River Bridge Public-Private Partnership Project (the "Project"). DOTD has also contracted with G.E.C., Inc. ("GEC") to provide owner verification services, pursuant to a Contract for Consulting Services, by and between DOTD and GEC dated December 27, 2024 (the "GEC Contract").
The GEC Contract explicitly provides that GEC "applies to [GEC] in the performance of services called for" in the GEC Contract. The scope of work in the GEC Contract states that GEC and its employees shall provide assistance and support to DOTD to ensure that the requirements of the Project's contract documents, including LBB's requests for proposals, are met. The GEC Contract states that GEC "shall serve as the DOTD Project Manager's designee" in the administration of the Project. The GEC Contract further specifies that GEC is subject to inspections by DOTD.
LBB has begun receiving bids from subcontractors and suppliers related to the Project. LBB has received bids from each of Premier Concrete Products, Inc. and Industrial Fabrics, Inc. (collectively, the "Potential Vendors").
Each of GEC and the Potential Vendors are owned solely by Cary S. Goss.
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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. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of the Code.
La. R.S. 42:1102(2)(a)(vi) defines "agency" to mean, for public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
La. R.S. 42:1102(7) 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(17)(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(18) defines "public servant" to mean a public employee or elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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