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State law on contract side deals still awaiting start date

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Off the heels of the Jefferson Parish government scandal that sparked federal investigations, the Legislature sought to shed more light on public contracts. But even transparency takes paperwork. A new law went into effect July 1 requiring contractors that win state or parish work without competition through a bid process to disclose any party that stands to gain monetarily...

Off the heels of the Jefferson Parish government scandal that sparked federal investigations, the Legislature sought to shed more light on public contracts.

conrad_appel.JPGSen. Conrad Appel

But even transparency takes paperwork.

A new law went into effect July 1 requiring contractors that win state or parish work without competition through a bid process to disclose any party that stands to gain monetarily from the agreement. The statute also applies to all parish contracts valued at more than $10,000, regardless of how the work was awarded.

However, the law so far is unenforceable; the form on which to divulge partnerships, which will have the legal clout of an affidavit, is still being drafted by the state Ethics Administration.

Ethics staffers expect to complete it by Aug. 20, the earliest the Ethics Board could approve it, staff attorney Kathleen Allen said.

The new law is meant to vaccinate government entities from the perception of conflicting interests similar to those that afflicted former Jefferson Parish President Aaron Broussard's administration.

Broussard's top aide, Tim Whitmer, co-owned an insurance agency doing business with public contractors. Whitmer resigned Jan. 4. Broussard, who said he had performed $5,000 in legal work for Whitmer's agency while serving as parish president, resigned Jan. 8. Federal authorities launched criminal investigations that are still underway.

Jefferson's dilemma may have been a catalyst, but it wasn't the only conflict that the new law targets, said the legislation's author, state Sen. Conrad Appel, R-Metairie.

"That just made it blatantly clear that we had to do something," he said.

Appel said the new law will require some tweaking. As written, it applies to all future contracts, but it doesn't affect contracts already in place or address those that could be renewed without competitive bidding.

Assistant Jefferson Parish Attorney David Fos said the Purchasing Department will continue to operate under the existing public bid law until the new one can be enforced.


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