2018-1295 - Laserfiche WebLink

The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics prohibits Rene Jean Luc Borrel/Borrel Engineering from providing services pursuant to an Intergovernmental Agreement between the Avoyelles Parish Police Jury and the Town of Bunkie or the City of Marksville during the time that Mark Borrel serves as a member of the Avoyelles Parish Police Jury. La. R.S. 42:1113A(1)(a) provides that no public servant or member of such 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. Would Mark Borrel, Rene Jean Luc Borrel, or Borrel Engineering violate the Ethics Code if the Avoyelles Parish Police Jury contracted with a limited liability company to provide building official services for the permit process if Rene Jean Luc Borrel/Borrel Engineering is a partial owner of the limited liability company with an ownership interest of less than twenty-five percent? The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics does not prohibit a limited liability company in which Rene Jean Luc Borrel/Borrel Engineering is a partial owner, with an ownership interest of less than twenty-five percent, from contracting with the Avoyelles Parish Police Jury, during the time that Mark Borrel serves as a member of the Avoyelles Parish Police Jury. La. R.S. 42:1113A(1)(a) provides that no public servant or member of such 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(8) defines "controlling interest" as 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. Because Rene Jean Luc Borrel/Borrel Engineering would own less than twenty-five percent of the limited liability company, it is not prohibited from entering into a contract with the Avoyelles Parish Police Jury while Mark Borrel serves as one of its members. However, Rene Jean Luc Borrel/Borrel Engineering would be prohibited from performing the services pursuant to the contract. The Board also concluded, and instructed me to caution you that Mark Borrel, in his capacity as a member of the Avoyelles Parish Police Jury, should recuse himself from voting on any matters concerning a potential contract with Rene Jean Luc Borrel/Borrel Engineering. La. R.S. 42:1112B(1) provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest. La. R.S. 42:1120 provides that any elected official, who is required to vote on a matter in violation of Section 1112, must recuse himself from voting. The elected official is not prohibited from participating in discussion and debate concerning the matter provided he verbally discloses the nature of the conflict or potential conflict prior to his participation in the discussion or debate and prior to any vote being taken.