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STATE OF LOUISIANA <br /> ,,d'oF iouj DEPARTMENT OF STATE CIVIL SERVICE <br /> OdS�t') ,, `Si <br /> :ff.- . LOUISIANA BOARD OF ETHICS <br /> c. itis P.O.BOX 4368 <br /> i4Z,� I BATON ROUGE,LA 70821 <br /> (225)219-5600 <br /> ,,,n'0' FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.la.us <br /> October 23, 2012 <br /> Mr. Don M. Richard <br /> Kenner Housing Authority <br /> 1013 31" Street <br /> Kenner, LA 70065 <br /> RE: LA Board of Ethic Thicket No. 2012-1548 <br /> Dear Mr. Richard, <br /> The Louisiana Board of Ethics, at its October 19, 2012 meeting, considered your request for an advisory <br /> opinion concerning: 1.)Whether a Kenner City Councilwoman,Ms.Maria C.Defrancesch may own Section <br /> 8 property,and 2.) Whether the Director of Code Enforcement for the City of Kenner, Ms. Tamithia Shaw, <br /> may volunteer as a Hearing Officer at the Kenner Housing Authority(KHA)Grievance Hearings. The KHA <br /> is a political subdivision separate from the City of Kenner and it has responsibility over Public Housing and <br /> Section 8 Housing in Kenner. The mayor of the city appoints a voluntary Board to oversee the KHA, <br /> however,the mayor has no other supervision over the KHA except to appoint and remove directors. <br /> Ms.Maria C. DeFrancesch(a Councilwoman for the City of Kenner District 4)owns property in the Section <br /> 8 program. The property has been in the Section 8 program since at least 2007, and Ms. DeFrancesch has <br /> served on the city council since Apri 12006. As a member of the city council,you state that Ms.DeFrancesch <br /> or her agency does not have supervision over the KHA. In owning the Section 8 property,Ms. DeFrancesch <br /> contracts with the KHA and not the city of Kenner. <br /> The Board concluded and instructed me to inform you that Ms. DeFrancesch would not be prohibited from <br /> owning property in the Section 8 administered by the KHA. Section 1113A of the Code prohibits a public <br /> servant from entering into transactios that are under the supervision or jurisdiction of the public servant's <br /> agency. Since the KHA is a separatepolitical subdivision from the City of Kenner then Ms. DeFrancesch <br /> would not be entering into a transaction under the supervision or jurisdiction of her agency. Therefore, her <br /> participation in the Section 8 program is not prohibited by the Co de of Ethics. <br /> Additionally you seek the Board's advice as to whether the Director for Code Enforcement for the City of <br /> Kenner may also serve as a Hearing officer for the KHA. Currently,the KHA uses employees of the KHA <br /> as Hearing Officers,who serve as de facto magistrates at Grievance Hearings by public housing and Section <br /> 8 tenants. Ms. Tamithia Shaw, an attorney, is currently the Director of Code Enforcement for the City of <br /> Kenner,and has volunteered to serve as a Hearing Officer at Grievance Hearings. As a Hearing Officer she <br /> would receive no compensation. Tl e position would be strictly on a volunteer basis and neither of Ms. <br /> Shaw's positions(as Director of Coce Enforcement for the City of Kenner or as a Hearing Officer for the <br /> City)would have supervision over t e other. <br /> Regarding your second question, thej Board concluded, and instructed me to inform you, that no violation <br /> of the Code is presented by Ms. Shaw serving as an uncompensated Hearing Officer for the KHA while also <br /> serving as Director of Code Enforcerpent for the City. However,please be advised that this advisory opinion <br /> request appears to present an issue as$ociated with the Louisiana Dual Office Holding laws,which are under <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />