| Advisory opinion request regarding whether Telford Williams may continue participating as a landlord in the Housing Authority of East Baton Rouge Parish's Section 8 program, at a time when he is married to Shenika Robinson. |
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Telford Williams has been a landlord in the Housing Authority of East Baton Rouge Parish's (Housing Authority) Section 8 program since October 2014. In June of 2016, Mr. Williams married Shenika Robinson, who is employed as a Social Services Analyst I (Analyst) with the Section 8 Department of the Housing Authority.
As a landlord in the Section 8 program, Mr. Williams entered into a lease agreement with the tenant and a Housing Assistance Payments Contract (HAP Contract) with the Housing Authority for the initial lease term running October 1, 2014 through September 31, 2015. Both the lease agreement and the HAP Contract automatically renew on a month-to-month basis. Mr. Williams has the option to sign a new 12-month lease with the tenant, but he must also sign a new corresponding 12-month HAP Contract.
Nevertheless, the Housing Authority is required to re-certify the tenant annually. For the annual re-certification, the Analyst reviews the income and household composition. The Analyst verifies all income sources and any eligible deductions (such as child care expenses, student status, etc.). After verifying the information, the Analyst completes the calculation then informs both the tenant and the landlord of the new tenant and Housing Authority shares of the rent and the effective date of the change. Additionally, in between the annual re-certification, the tenant can also report changes in income, household composition, child care expenses, etc. If the tenant reports such changes, then the Analyst must complete an interim certification. Similarly, if the landlord wishes to renew the lease and/or request a rent increase, the Analyst processes that paperwork as well. Finally, there have been three certifications since the tenant moved into Mr. Williams' unit. However, another case worker will handle the certifications even though the tenant is in Ms. Robinson's caseload.
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La. R.S. 42:1113 prohibits a public servant, a member of her immediate family, or a legal entity of which she has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of her agency.
La. R.S. 42:1114 provides that each public servant and each member of her immediate family who derives any thing of economic value, directly, through any transaction involving her agency or who derives any thing of economic value of which she may be reasonably expected to know through a person which has bid on or entered into or is in any way financially interested in any contract, subcontract, or other transaction under the supervision or jurisdiction of her agency shall file a financial disclosure statement each year by May first.
La. R.S. 42:1112B(1) prohibits a public servant from participating in a transaction involving the governmental entity in which, to her actual knowledge, any member of her immediate family has a substantial economic interest.
La. R.S. 42:1112C provides that every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this Part would result. The procedures for such disqualification are set forth in Chapter 14 of the Administrative Rules for the Board of Ethics.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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