| Advisory opinion request as to whether Willie Spears, a former member of the Louisiana Housing Corporation, may serve as the compensated Executive Director of the Greater Alexandria Economic Revitalization Corporation. |
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Willie Spears would like to serve as the compensated Executive Director of the Greater Alexandria Economic Revitalization Corporation (GRC), a nonprofit corporation organized and created by the Greater Alexandria Economic Development Authority in accordance with La. R.S. 33:9021 et seq. La. R.S. 33:9024B provides that "an economic development corporation organized under the provisions of this Chapter is a private nonprofit corporation and is prohibited from functioning as an agency of the state or of any political subdivision of the state, and its directors officers, or employees are prohibited from functioning as and are not to be considered to be public employees for any purpose whatsoever…" La. R.S. 33:9024E provides that "economic development corporations are not agencies of the state, nor of any subdivision of the state, and are prohibited from exercising governmental powers or carrying out functions which are purely and solely of a public nature…"
Mr. Spears currently serves as a member of the Board of Directors for the Louisiana Housing Corporation (LHC), a public corporation that serves as the primary administrator of federal and state housing programs in Louisiana, and may serve in this capacity in the future. GRC was created to address systemic issues related to blight and distressed properties within the City of Alexandria and may seek funding opportunities made available by LHC. More specifically, part of the current economic development plan for GRC includes application to LHC for low income tax credits.
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La. R.S. 42:1111C(2)(d) prohibits a public servant from receiving compensation for services rendered to any person who has or is seeking to obtain a business, contractual or financial relationship with the public servant's agency.
La. R.S. 42:1102(16) defines "person" as an individual or legal entity other than a governmental entity, or agency thereof.
La. R.S. 42:1121A(1) of the Code prohibits a former agency head or elected official, for a period of two years following the termination of his public service as the head of such agency, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or from rendering any service on a contractual basis to or for such agency.
La. R.S. 42:1121A(2) provides that no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
La. R.S. 42:1102(3) of the Code defines "agency head" as the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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