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Last modified
7/12/2021 11:22:11 AM
Creation date
6/21/2016 11:35:09 AM
Metadata
2016-531
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-531
Requesting Party
E. Keith Cunningham, Jr.
Parties Involved
Louisiana Housing Corporation
Charles Tate
Community Directions, Inc.
Decision Date
6/17/2016
Caption
Advisory opinion that the Executive Director of the Louisiana Housing Corporation (LHC) would not be prohibited by the Louisiana Code of Governmental Ethics from performing uncompensated, affordable housing assistance on projects in which he did not previously provide management, development, consulting or other services to Community Directions, Inc. and other nonprofits that have a financial relationship with LHC as long as there is no promise of future payment. Further, the provisions in La. R.S. 40:600.90F and H appear to create an exception to the provisions in La. R.S. 42:1112A and La. R.S. 42:1113A(1)(a) to allow the Executive Director of LHC to have an interest in a contract to which LHC is, or is to be, a party and to allow the Executive Director to recuse himself from participating in a matter which otherwise would result in a violation of La. R.S. 42:1112.
Ethics Subject Matters
Disclosure - Other
Outside Employment
Participation
Payment - Not Duly Entitled
Prohibited Assistance
Prohibited Sources
Prohibited Transactions
Recusal
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concluded, and instructed me to inform you that,this statutory provision appears to create an <br /> exception to the provisions in La. R.S. 42:1112A and La.R.S.42:1113A(1)(a)to allow the <br /> Executive Director of LHC to have an interest in a contract to which LHC is, or is to be, a party and <br /> to allow the Executive Director to recuse himself from participating in a matter which otherwise <br /> would result in a violation of La.R.S. 42:1112. Furthermore,the Executive Director of LHC would <br /> not be required to submit a disqualification plan to the Ethics Board for approval. In the future, if <br /> you have a specific contract that you would like the Board to address,you will need to submit an <br /> advisory opinion request and provide more specific information about the proposed contract. <br /> The Board also concluded, and instructed me to inform you,that the Code of Governmental Ethics <br /> would not prohibit Charles Tate,as Executive Director of LHC, from performing uncompensated, <br /> affordable housing assistance on projects in which he did not previously provide management, <br /> development,consulting or other services to CDI and other nonprofits that have a financial <br /> relationship with LHC as long as there is no promise of future payment. La. R.S. 42:1111E(1) <br /> prohibits a public servant and any legal entity,of which the public servant is a director or employee, <br /> from receiving any thing of economic value for assisting a person in a transaction, or in an <br /> appearance in connection with a transaction,with the agency of such public servant. La. R.S. <br /> 42:1111 C(2)(d)prohibits a public servant and any legal entity in which the public servant exercises <br /> control or owns an interest in excess of twenty-five percent from receiving compensation for <br /> services rendered to or for any person who has or is seeking to obtain a business, contractual or <br /> financial relationship with the public servant's agency. <br /> CDI and other non-profits receive federal resources through LHC. Therefore,while he is the <br /> Executive Director of LHC,Mr. Tate and Jasmine Consulting,LLC would be prohibited from <br /> providing assistance on projects in which he previously provided management, development, <br /> consulting or other services to CDI and other non-profits while he serves as the Executive Director <br /> of LHC. However, Mr. Tate would not be prohibited from being paid for services he or Jasmine <br /> Consulting, LLC provided to CDI, and any other non-profits that have a financial relationship with <br /> LHC, prior to his employment with LHC while he serves as the Executive Director of LHC. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Ethics. The Board <br /> issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics. If <br /> you have any questions,please contact me at(800) 842-6630 or(225)219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> / ' of\SUJ <br /> Je i;d ifer T. LI d <br /> For the Boar. <br /> Cc: Charles Tate(via E-mail) <br />
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