| Advisory opinion request as to whether the mayor of the City of New Orleans may appoint two Housing Authority of New Orleans (HANO) tenants to serve as uncompensated members of the HANO board of commissioners. |
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The mayor of the city of New Orleans is mandated by La. R.S. 40:531B to appoint a seven person board of commissioners to the city's housing authority from a list of names submitted by the Citywide Tenants Council, at least two of whom shall be tenants of the housing authority. The Citywide Tenants Association has nominated Donna Johnigan and Constance Haynes for appointment to the Housing Authority of New Orleans (HANO) board of commissioners.
Donna Johnigan is employed by Urban Strategy which has a Memorandum of Understanding with the B. W. Cooper Resident Management Corporation to administer its social service program overseen by B. W. Cooper Resident Management Corporation. Ms. Johnigan does not have any direct business or personal contracts with HANO. Ms. Johnigan does, however, serve as a non-compensated member of the Citywide Tenant Association Board of Directors and the B. W. Cooper Resident Management Board of Directors.
Constance Haynes serves as a non-compensated member of the Citywide Tenant Association Board of Directors and the Fischer Resident Council Board of Directors. Ms. Haynes submits a monthly report to HANO regarding the activities of the Fischer Development which receives a HUD Hope IV Grant for the redevelopment of the Fischer Community. HANO serves as the fiscal administrator of the grant and the Fischer Resident Council is responsible for the program implementation. As the fiscal administrator of the grant, HANO makes payments to Ms. Haynes for her services from the proceeds of the HUD Hope IV Grant.
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La. R.S. 42:1113 prohibits public servants, their immediate family members, or legal entities in which they have a controlling interest, from entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1112 provides that no public servant shall participate in a transaction involving the governmental entity in which he has a substantial economic interest.
La. R.S. 42:1120.4 requires appointed members of a board or commission to recuse themselves from voting or participating in discussion and debate concerning a matter prohibited by La. R.S. 42:1112.
La. R.S. 42:1111C(2)(d) prohibits a public servant or her spouse from receiving any thing of economic value from a person that has a contractual or other business or financial relationship with the public servant's agency.
La. R.S. 42:1111E prohibits a public servant or a legal entity of which such public servant is an officer, director, trustee, partner, or employee from receiving any thing of economic value for assisting a person in a transaction with the agency of the public servant.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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