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STATE OF LOUISIANA <br /> p'"0V,,, ,��OUIS.. DEPARTMENT OF STATE CIVIL SERVICE <br /> O4. L <br /> ` °� <br /> tel9y= LOUISIANA BOARD OF ETHICS <br /> �ii�l ��ia �; <br /> • P.O.BOX 4368 <br /> Ji4/. 1 <br /> o BATON ROUGE, LA 70821 <br /> °k. (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> March 20, 2017 <br /> Anthony Duplechin <br /> Director, Capital Area Ground Water Conservation District <br /> 3535 S. Sherwood Forrest Blvd., Ste. 137 <br /> Baton Rouge, Louisiana 70816-2255 <br /> Re: Ethics Board Docket No. 2017-139 <br /> Dear Mr. Duplechin: <br /> The Louisiana Board of Ethics, at its March 17, 2017 Board meeting, considered your request for <br /> an advisory opinion regarding whether David Kozan may serve on the Capital Area Ground Water <br /> Conservation District(District)Board of Commissioners while Owen&White,Inc.,has a contract <br /> with the District. On December 13, 2016, the District Board voted to hire Owen& White, Inc.,to <br /> assist the District in preparation of a bid package which includes design,bidding, and construction <br /> support for the installation of the first exploratory well. The District received notice that David <br /> Kozan was appointed by Governor Jon Bel Edwards to the District Board of Commissioners on <br /> December 20, 2016. <br /> David Kozan has been employed as a project manager for Owen&White,Inc. since June of 2014. <br /> You stated that Mr.Kozan has no ownership interest in Owen and White,Inc.,and that he would not <br /> participate in any way in the services the company will perform for the District. You further stated <br /> that Mr. Kozan has not been formally installed as a board member of the District. <br /> The Board concluded, and instructed me to inform you, that the Louisiana Code of Governmental <br /> Ethics would prohibit David Kozan from receiving compensation from Owen&White,Inc.,during <br /> the duration of the contractual relationship between Owen & White and the District. La. R.S. <br /> 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant <br /> exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of <br /> economic value for or in consideration of services rendered, or to be rendered,to or for any person <br /> during his public service unless such services are neither performed for nor compensated by any <br /> person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or (B) from <br /> receiving a gift.La.R.S.42:1115A(1)provides that no public servant shall solicit or accept,directly <br /> or indirectly,any thing of economic value as a gift or gratuity from any person or from any officer, <br /> director,agent,or employee of such person,if such public servant knows or reasonably should know <br /> that such person has or is seeking to obtain contractual or other business or financial relationships <br /> with the public servant's agency.Owen&White,Inc.,has a contractual relationship with the District. <br /> Mr. Kozan would be prohibited from receiving compensation from Owen & White while the <br /> contractual relationship exists between the parties. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />