| Advisory opinion regarding whether Anthony J. "Buddy" Amoroso may receive compensation from Prime Properties, LLC at a time when Prime Properties, LLC leases property to tenants that receive Section 8 housing vouchers from the East Baton Rouge Parish Housing Authority while Anthony J. "Buddy" Amoroso serves as a member of the East Baton Rouge Parish Metro Council; and, whether Prime Properties, LLC can enter into any transactions under the supervision or jurisdiction of the East Baton Rouge Parish Housing Authority. |
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Buddy Amoroso is a member of the East Baton Rouge Metro Council. According to information submitted, he is an owner with a controlling interest and control of Prime Properties, LLC. Prime Properties rents property to tenants that are recipients of Section 8 housing vouchers from the East Baton Rouge Parish Housing Authority.
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This matter initially came to the Board as a Declaratory Opinion Application. However, Councilman Amoroso has requested it be converted to a request for an advisory opinion. Councilman Amoroso has also withdrawn his request as it pertains to any transaction involving the Office of Community Development as he states no tenants are receiving vouchers from OCD.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 40:384(16) defines "Local housing authority" to mean a pubic body, corporate and politic, previously established, or to be established, by a municipality or a parish pursuant to the authority provided in this Chapter, exercising necessary and essential governmental functions for the purposes stated in this Chapter in matters of statewide concern, although it operations are local in nature. It is a political subdivision of this state, independent from the municipality or parish which established or establishes it or which may appoint some or all of its commissioners, and it is not a state agency for any purpose. "Local housing authority" also includes any housing authority established under prior law.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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