Created By: Elizabeth Sanders on 07/27/2011 at 10:19 AM
Category: Ethics Advisory Opinions

July 22, 2011

Mr. Nick Autorina, President
WFN Consulting Corporation
145 Church Street, Ste. 200
Marietta, GA 30060

RE: Ethics Docket No. 2011-932

The Louisiana Board of Ethics at its July 15, 2011 meeting, considered a request for an advisory opinion concerning whether WFN Consulting Corporation may serve as a subcontractor to provide administrative consulting services to the Louisiana Division of Administration Office of Community Development/Disaster Recovery Unit. You stated that WFN Consulting Corporation (WFN) is a national expert in federal grant management programs. WFN would like to respond to a Request For Proposals (RFP) issued by the Louisiana Division of Administration Office of Community Development/Disaster Recovery Unit (OCD/DRU) for the provision of technical assistance and expertise in managing the programs associated with current and future disasters for which OCD/DRU is responsible. WFN did not participate in the draft of the RFP, nor will they participate in the selection of the subcontractor selected to complete the work under the RFP. WFN has no current contracts with OCD/DRU.

The Board concluded and instructed me to inform you that the Louisiana Code of Governmental Ethics does not prohibit WFN from submitting a proposal and becoming a subcontractor for OCD/DRU. Section 1112 of the Code prohibits a public servant from participating in a transaction in which he has a substantial economic interest. Section 1102(21) of the Code 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. Since WFN did not participate in the drafting of the RFP for the contract, nor do they have any current or prior agreements with OCD/DRU, the company would not have a greater benefit than any other company that submitted a proposal in response to the RFP. Thus, there is no violation of the Code if WFN submits a proposal and becomes the selected subcontractor on the RFP.

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 laws other than the Code of
Governmental Ethics. If you have any questions, please contact me at (225) 219-5600 or (800) 842-6630.



Aneatra P. Boykin
For the Board