| Advisory Opinion request from the Jefferson Parish Attorney's office regarding whether a parish employee, Maris Madere, can receive payments from the parish's Department of Community Development. |
|
The Jefferson Parish Department of Community Development is responsible for the disbursement of Emergency Solutions Grant ("ESG") Funding from the United States Department of Housing and Urban Development ("HUD"). Southeast Legal Services is responsible for determining the eligibility of a tenant applying for ESG assistance using the applicable HUD standards. Eligibility is determined based on the tenant's income and no criteria for eligibility is related to the status of the landlord.
Recently, Southeast Legal Services received an application for ESG assistance from a tenant and determined that the tenant met the HUD requirements for assistance. Southeast Legal Services submitted the completed paperwork to the Department of Community Development for payment of the ESG funds. However, the landlord, Marisa Madere, is employed by the Jefferson Parish Finance Department. The Finance Department has no involvement in the determination of eligibility or the payment of ESG funding from the Department of Community Development.
|
|
La. R.S. 42:1113A(1)(a) provides that no public servant, 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. 42:1102(2)(a)(vi) defines "agency" for public employees of parishes, as the department, office, division, or other organizational unit of the governmental entity in which the public servant serves.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
David Bordelon |
|
|