2019-322 - Laserfiche WebLink

LAW La. R.S. 42:1113A(1)(a) provides: No public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a popula- tion 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 jurisdic- tion of the agency of such public servant. La. R.S. 42:1102(19) defines "public servant" as a public employee or an elected official. La. R.S. 42:1102(18)(a)(iii) defines "public employee" as anyone,whether compensated or not,who is en- gaged in the performance of a governmental function. In Docket No. 2009-378, the Board defined "governmental function" as a government agency's conduct that is expressly or impliedly mandated or authorized by law that is carried out for the benefit of the general public. The Board also concluded that the agency of a contractor, who was a public employee by virtue of performing a governmental function through the contract, was limited in purpose to the scope of the contract. La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has substantial economic interest. La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons. CONCLUSION Based on the law and the previous advisory opinions, the Board concluded, and instructed me to inform you, that the Code will not prohibit Arcadis from serving as a subcontractor to OCD- DRU in response to RFP No. 10740-056, since the services for the Watershed Initiative Program Management Support Services are not within the scope of the current subcontract with CPRA. Additionally, Arcadis is not participating in a transaction in which it has a substantial economic interest. Since Arcadis did not participate in the creation of the OCD-DRU RFP, Arcadis does not have an economic interest greater than the general class of firms responding to the RFP. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as pre- sented may result in a different application of the provisions of the Code of Governmental Eth- ics. The Board issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Act, and conflict of interest provisions in the gaming laws. Page 2 of 3 (Docket No. 2019-322)