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2014-943
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2014-943
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Last modified
7/12/2021 1:41:31 PM
Creation date
9/29/2014 10:31:51 AM
Metadata
2014-943
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2014-943
Requesting Party
Ike Spears
Parties Involved
Ike Spears
City of New Orleans
Housing Authority of New Orleans
Citywide Tenants Council
Citywide Tenants Association
Donna Johnigan
Constance Haynes
Urban Strategy
B. W. Cooper Resident Management Corporation
Fischer Development
HUD Hope IV Grant
Decision Date
9/19/2014
Law
R.S. 42:1113
R.S. 42:1112
R.S. 42:1120.4
R.S. 42:1111C(2)(d)
R.S. 42:1111E
Caption
Advisory opinion that the Code of Governmental Ethics does not prohibit the appointment of Donna Johnigan as an uncompensated member of the Board of the Housing Authority of New Orleans (HANO) by the Citywide Tenant Association. However, Ms. Johnigan would be prohibited from participating in any matter which came before the HANO Board of Commissioners regarding her public housing tenancy. Further, the Code of Governmental Ethics prohibits the appointment of Constance Haynes as an uncompensated member of the HANO Board of Commissioners since she receives payment for her submission of monthly reports to HANO regarding the activities of the Fischer Development.
Ethics Subject Matters
Prohibited Transactions
Prohibited Contracts
Participation
Recusal
Payment - Not Duly Entitled
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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 />
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