| Advisory Opinion request from Clifton Speed, ADA, regarding Bertha Coleman and Major Coleman with St. Helena Parish Police Jury. (Pop. = 11,203) |
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Major Coleman is an elected member of the St. Helena Parish Police Jury ("Police Jury"). Mr. Coleman's mother, Bertha Coleman, currently qualifies for repairs to her home in Amite through the U.S. Department of Housing and Urban Development ("HUD") Community Block Grant Development fund associated with the federal Hurrince Gustav/Ike Housing Recovery Program ("Recovery Program"). The Police Jury is the HUD-approved Recovery Program sponsor responsible for administering the HUD funds. The Police Jury has no involvement in the selection process, as any applicant who meets the established criteria is eligible to receive funds through the Recovery Program. Once the repairs are completed, the third-party contractor requests payment from the Police Jury. Due to Bertha Coleman's relationship to Major Coleman, HUD has requested that the St. Helena Police Jury provide a letter of exception through the District Attorney's office.
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AO 2013-508: Board concluded that the Parish's involvement in the administration of the community development block grant was purely ministerial since the Parish had no involvement in the selection process. Based on those facts, the Board stated that 1113A would not prohibit council member's daughter from participating in the FEMA buyout program.
AO 2004-301: Board concluded that the Aldermen's involvement in the community development block grant housing program was purely ministerial and would not prevent Alderman's brother from participating in the program.
AO 2011-230: After reconsideration, Board allowed the Cameron Parish Housing Assistance Program manager and her mother to participate in the receipt of FEMA funds due to damage caused by Hurricanes Gustave and Ike.
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La. R.S. 42:1113A(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or 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. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S.42:1120
provides that if an elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which would be a violation of R.S. 42:1112, he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter, provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion and debate and prior to the vote that is the subject of discussion or debate.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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