Created By: Latisha Thomas on 07/20/2011 at 10:16 AM
Category: Ethics Advisory Opinions
July 18, 2011
Mr. Dan. J. Hidalgo
15223 Highway 182 West
Franklin, LA 70538
Re: Board Dockett No. 2011-976
Dear Mr. Hidalgo:
The Louisiana Board of Ethics, at its July 15, 2011 meeting, considered your request for an advisory opinion regarding whether Arcadiane Renovations, LTD (ARL) may contract with the St. Mary Parish Levee District. According to your opinion request, ARL is preparing to bid services to the St. Mary Levee District. You are the president of ARL, and your second cousin, Mr. William Hidalgo, Sr. is the President of the Levee District. Your request sought to make sure there would be no conflicts of interest with ARL contracting with the Levee District.
The Board concluded and instructed me to inform you that ARL would not be prohibited from contracting with the St. Mary Parish Levee District under the Code of Governmental Ethics. Section 1113A of the Code prohibits a public servant or a member of his immediate family from bidding on or entering into a contract, subcontract or other transaction that is under the supervision or jurisdiction of the public servant’s agency. An “immediate family member” as defined by the Code in Section 1102(13) does not include second cousins. Therefore, ARL may enter into a contract with the St. Mary Parish Levee District.
This advisory opinion is based solely on the facts as set forth herein. Changes to the facts 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 laws other than Code of Governmental Ethics. If you have any questions, please contact me at (225) 219-5600 or (800) 842-6630.
LOUISIANA BOARD OF ETHICS
Brent E. Durham
For the Board