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La. R.S. 42:1111(C)(2)(d) provides that no public servant and no legal entity in which the public <br /> servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing <br /> of 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: (d)Neither performed for nor compensated by any <br /> person or from any officer, director, agent, or employee of such person, if such public servant knows <br /> or reasonably should know that such person has or is seeking to obtain contractual or other business or <br /> financial relationships with the public servant's agency; conducts operations or activities which are <br /> regulated by the public employee's agency; or has substantial economic interests which may be <br /> substantially affected by the performance or nonperformance of the public employee's official duty. <br /> La.R.S.42:1113(A)(1)(a)states no public servant,excluding any legislator and any appointed member <br /> of any board of commission and any member of a governing authority of a parish with a population of <br /> ten thousand or less, or member of such a public servant's immediate family, or legal entity in which <br /> he has a controlling interest shall bid on or enter into any contract,subcontract,or other transaction that <br /> is under the supervision or jurisdiction of the agency of such public servant. <br /> ANALYSIS <br /> La. R.S. 42:1111(C)(2)(d)prohibits a public servant and any legal entity's in which the public servant <br /> owns more than twenty-five percent from receiving any thing of economic value for service rendered <br /> or to be rendered for any person from whom the public servant would be prohibited from receiving <br /> gifts in accordance with La. R.S. 42:1115(A)(1)or(B). La. R.S. 42:1111(C)(2)(d)would prohibit you <br /> from receiving a thing of economic value from a person who has or is seeking to obtain a contractual, <br /> business,or other financial relationship with your agency. Your agency is defined as the office in which <br /> you carry out your primary responsibilities, if the public servant serves one of the twenty(20)principal <br /> departments of the Louisiana State executive branch. <br /> The Bridge Maintenance and Inspection Section of the LaDOTD—Operations Division is your agency. <br /> The project, for which Baker HCIS is providing subcontractor services, is not one emanating from a <br /> contract with your agency. The contract is one between the City of Ruston and Hunt, Guillot & <br /> Associates, LLC. Baker HCIS is also not regulated by your agency. Therefore, Baker HCIS is not a <br /> prohibited source. <br /> Additionally, La. R.S. 42:1113(A)(1)(a) provides that no public servant shall bid on or enter into any <br /> contract, subcontract,or other transaction that is under the supervision or jurisdiction of the agency of <br /> such public servant. As stated above,the Bridge Maintenance and Inspection Section of the LaDOTD <br /> — Operations Division is your agency. Neither you, your father, or his company are entering into a <br /> contract with your agency. Furthermore,the contract between the City of Ruston and Hunt, Guillot& <br /> Associates,LLC is not under the supervision of your agency. <br /> CONCLUSION <br /> The Board concluded,and instructed me to inform you,that based on the facts presented,the Code does <br /> not prohibit you from working part-time for your father's company, Baker HCIS, LLC, while you are <br /> employed by the LaDOTD—Operations Division—Bridge Maintenance and Inspection Section. <br /> Page 2 of 3 <br /> Docket No.2022-038 <br />