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7/12/2021 11:03:16 AM
Creation date
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2016-1111
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1111
Requesting Party
Richard L. Murray
Decision Date
1/20/2017
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would not prohibit a landlord in the Section 8 program of the Housing Authority of East Baton Rouge Parish from continuing to participate as a landlord in the Section 8 program pursuant to the terms and conditions in place at the time he married a social services analyst employed with the Section 8 program; however, he would be prohibited from entering into a new 12-month lease agreement with the Housing Authority, requesting a rent increase, or continuing as a landlord if the payment terms change for any reason. Additionally, the landlord would be required to disclose the income that he receives from the Housing Authority and the tenant, pursuant to La. R.S. 42:1114. Finally, a disqualification plan completely removing his spouse from any responsibility regarding the tenant residing in her husband’s unit should be submitted and approved by the Board.
Ethics Subject Matters
Participation
Outside Employment
Prohibited Contracts
Prohibited Sources
Prohibited Assistance
Prohibited Transactions
Recusal
Disclosure - Other
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The Board concluded, and instructed me to inform you, that the Code of Governmental <br /> Ethics would not prohibit Mr. Williams from continuing to participate as a landlord in the <br /> Section 8 program, under his existing HAP Contract with the Housing Authority, <br /> pursuant to the terms and conditions in place at the time he married Ms. Robinson. <br /> However, Mr. Williams would be prohibited from entering into new 12-month lease <br /> agreement and corresponding HAP Contract with the Housing Authority, requesting a <br /> rent increase, or continuing as a landlord if the payment terms change for any reason. La. <br /> R.S. 42:1113 prohibits a public servant, a member of her immediate family, or a legal <br /> entity of which she has a controlling interest from bidding on or entering into any <br /> contract, subcontract, or other transaction that is under the supervision or jurisdiction of <br /> her agency. Mr. Williams entered into the lease agreement and HAP Contract prior to his <br /> marriage to Ms. Robinson, both of which automatically renew on a month-to-month <br /> basis. Therefore, it would not present a violation of the Code if Mr. Williams continues <br /> to participate as a landlord in the Section 8 program, under his existing HAP Contract <br /> with the Housing Authority, pursuant to the terms and conditions in place at the time he <br /> married Ms. Robinson. However, Mr. Williams would be prohibited from entering into <br /> new 12-month lease agreement and corresponding HAP Contract with the Housing <br /> Authority, requesting a rent increase, or continuing as a landlord if the payment terms <br /> change for any reason. Additionally, Mr. Williams would be required to disclose the <br /> income that he receives from the Housing Authority and the tenant, pursuant to La. R.S. <br /> 42:1114. <br /> The Board further concluded, and instructed me to inform you, that the Code of <br /> Governmental Ethics would prohibit Ms. Robinson from participating in any matter <br /> involving the tenant residing in Mr. Williams' unit. La. R.S. 42:1112B(1) prohibits a <br /> public servant from participating in a transaction involving the governmental entity in <br /> which, to her actual knowledge, any member of her immediate family has a substantial <br /> economic interest. In accordance with La. R.S. 42:1112C and Chapter 14 of the <br /> Administrative Rules for the Board of Ethics, a disqualification plan that completely <br /> removes Ms. Robinson from any responsibility regarding the tenant residing in Mr. <br /> Williams' unit must be submitted to the Board for approval. A copy of Chapter 14 of the <br /> Administrative Rules for the Board of Ethics is enclosed. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts <br /> as presented may result in a different application of the provisions of the Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other <br /> than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the <br /> Lobbyist Disclosure Act, and conflict of interest provisions in the gaming laws. If you <br /> have any questions, please contact me at (800) 842-6630 or (225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> • <br /> Vivian Haley Will' s <br /> For the Board <br />
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