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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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i <br /> t • STATE OF LOUISIANA • <br /> of Louis DEPARTMENT OF STATE CIVIL SERVICE <br /> .4. 4,-% <br /> 4.m LOUISIANA BOARD OF ETHICS <br /> 71 <br /> pui�;,, �',!�ii' P.O.BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> CO <br /> M,in- ., (225)219-5600 <br /> ,, FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.Ia.us <br /> September 22, 2014 <br /> Ike Spears <br /> Spears & Spears <br /> 1631 Elysian Fields Avenue <br /> New Orleans, LA 70117 <br /> Re: Ethics Board Docket No. 2014-943 <br /> Dear Mr. Spears: <br /> The Louisiana Board of Ethics, at its September 19, 2014 meeting, considered your <br /> request for an advisory opinion as to whether the mayor of the City of New Orleans may <br /> appoint two Housing Authority of New Orleans (HANO) tenants to serve as <br /> uncompensated members of the HANO board of commissioners. The mayor of the city of <br /> New Orleans is mandated by La. R.S. 40:531B to appoint a seven person board of <br /> commissioners to the city's housing authority from a list of names submitted by the <br /> Citywide Tenants Council, at least two of whom shall be tenants of the housing authority. <br /> You stated that the Citywide Tenants Association has nominated Donna Johnigan and <br /> Constance Haynes for appointment to the HANO board of commissioners. You also <br /> stated that Donna Johnigan is employed by Urban Strategy which has a Memorandum of <br /> Understanding with the B. W. Cooper Resident Management Corporation to administer <br /> its social service program overseen by B. W. Cooper Resident Management Corporation. <br /> Ms. Johnigan does not have any direct business or personal contracts with HANO. Ms. <br /> Johnigan does, however, serve as a non-compensated member of the Citywide Tenant <br /> Association Board of Directors and the B. W. Cooper Resident Management Board of <br /> Directors. <br /> You stated that Constance Haynes serves as a non-compensated member of the Citywide <br /> Tenant Association Board of Directors and the Fischer Resident Council Board of <br /> Directors. You also stated that Ms. Haynes submits a monthly report to FANO regarding <br /> the activities of the Fischer Development which receives a HUD Hope IV Grant for the <br /> redevelopment of the Fischer Community. HANO serves as the fiscal administrator of the <br /> grant and the Fischer Resident Council is responsible for the program implementation. <br /> Finally, you stated that as the fiscal administrator of the grant, HANO makes payments to <br /> Ms. Haynes for her services from the proceeds of the HUD Hope IV Grant. <br /> The Board concluded, and instructed me to inform you, that the Code Of Governmental <br /> Ethics would not prohibit the appointment of Donna Johnigan as an uncompensated <br /> member of the HANO board of commissioners. La. R.S. 42:1113 prohibits public <br /> servants, their immediate family members, or legal entities in which they have a <br /> controlling interest, from entering into any contract, subcontract, or other transaction that <br /> is under the supervision or jurisdiction of the agency of such public, servant. Donna <br /> Johnigan is not prohibited from being nominated for appointment to the HANO Board by <br /> AN EQUAL OPPORTUNITY EMPLOYER <br /> i <br /> ,I <br />
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