2011-195
Created By: Latisha Thomas on 02/02/2011 at 10:25 AM
Category: Miscellaneous
Caption:

February 2, 2011

Mr. Wade Byrd
Performance Building Consulting, Inc.
16544 Quiet Oaks Avenue
Greenwell Springs, Louisiana 70739

Re: Ethics Board Docket No. 2011-195

Dear Mr. Wade Byrd:

The Louisiana Board of Ethics, at its January 21, 2011 meeting, considered your request for an advisory opinion as to whether Performance Building Consulting, Inc. may contract with a grant recipient when Performance Building Consulting, Inc. helped the Louisiana Department of Natural Resources develop the plan which included the grant program. You stated that Performance Building Consulting, Inc. entered into a contract in 2008 with the Louisiana Department of Natural Resources to assist them in preparing a plan to expend energy stimulus funding received from the U.S. Department of Energy. Part of the plan developed included dedicating a portion of the funding to a competitive renewable energy grant program. You stated that following the conclusion of Performance Building Consulting, Inc.'s contract, Shaw International was awarded a contract by DNR to complete the final program designs and administer the program. DNR, in conjunction with Shaw, developed the rules and regulations governing the competitive renewable energy program. You stated that Performance Building Consulting, Inc. had no role in this process. In May 2010, Shaw announced the competitive renewable energy program. You stated that Shaw, together with DNR and the Department of Energy, selected the recipients of the grant funds.

The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics would not prohibit Performance Building Consulting, Inc. from contracting with a grant recipient when Performance Building Consulting, Inc. helped the Louisiana Department of Natural Resources develop the plan which included the grant program. Section 1121B of the Code prohibits a public servant, for a period of two years following the termination of his public employment, from rendering any service which such former public employee rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed. Section 1121B of the Code prohibits a former public servant, for two years, from assisting another person, for compensation, in a transaction in which she participated during her public employment and which involves the governmental entity. Since it has been more than two years since Performance Building Consulting, Inc. worked on the plan to administer energy stimulus funds which included the creation of the competitive renewable energy grant program, Performance Building Consulting, Inc. is not prohibited from working with recipients of the grant funding.
Mr. Wade Byrd
February 2, 2011
Ethics Board Docket No. 2011-195
Page 2

This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Ethics. The Board issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics. If you have any questions, please contact me at (800) 842-6630 or (225) 219-5600.

Sincerely,

LOUISIANA BOARD OF ETHICS



______________________________
Tracy M. Barker
For the Board

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