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410 <br /> the Citywide Tenant Association because the Citywide Tenant Associatkkon is a private <br /> association and not a public agency. <br /> You should note, however, that La. R.S. 42:1112 provides that no public servant shall <br /> participate in a transaction involving the governmental entity in which he has a <br /> substantial economic interest. La. R.S. 42:1120.4 requires appointed members of aboard <br /> or commission to recuse themselves from voting or participating in discuspion and debate <br /> concerning a matter prohibited by La. R.S. 42:1112. Therefore, Donna Iohnigan, as an <br /> appointed member of the HANO board of commissioners, would be Rrohibited from <br /> participating in any matter which came before the HANO board 'of commissioners <br /> regarding her public housing tenancy. <br /> The Board also concluded, and instructed me to inform you,that the Codeof <br /> Governmental Ethics would prohibit the appointment of Constance Haynes as an <br /> uncompensated member of the HANO board of commissioners. La. R.S. 4t2:1111C(2)(d) <br /> prohibits a public servant or her spouse from receiving any thing of economic value from <br /> a person that has a contractual or other business or financial relationship with the public <br /> servant's agency. Further, La. R.S. 42:1111E prohibits a public servant ora legal entity <br /> of which such public servant is an officer, director,trustee, partner, or employee from <br /> receiving any thing of economic value for assisting a person in a transaction with the <br /> agency,of the public servant. La. R.S. 42:1102(16) defines "person"to meian an <br /> individual or legal entity other than a governmental entity,or an agency Hereof. The <br /> Fischer Resident Council is a private entity and therefore would be consid+pred a"person" <br /> as defined in the Code.Because Ms. Haynes receives payment for her submission of <br /> monthly reports to HANO regarding the activities of the Fischer Developflient, she would <br /> be prohibited from being appointed as a member of the HANO board of commissioners. <br /> This advisory opinion is based solely on the facts as set forth herein. Chapges to the facts <br /> as presented may result in a different application of the provisions of thelCode of Ethics. <br /> The Board issues no opinion as to past conduct or as to laws other than the Code of <br /> Governmental Ethics. If you have any questions, please contact me at (800) 842-6630 or <br /> (225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> rip AA A. <br /> Jenn er T. L d 3 . <br />