| A request for advisory opinion, submitted by Donna Pitre (the Executive Director of the St. Landry Parish Housing Authority), concerning whether the Louisiana Code of Governmental Ethics ("Code") would prohibit a property manager of a Section 8 Program property from being appointed as a commissioner for the St. Landry Parish Housing Authority. |
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Director Pitre stated that there is a property manager for a Section 8 landlord who will possibly be appointed to be a St. Landry Parish Housing Authority ("Housing Authority") commissioner. Director Pitre stated that the potential commissioner is not an employee of the Housing Authority. Furthermore, Director Pitre stated that the salary earned as a property manager does not consist of funding provided by the Housing Authority. Additionally, the potential commissioner does not own any property that is regulated by the Section 8 Program.
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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. 42:1113(B) prohibits an appointed member of any board or commission, member of his immediate family, or a legal entity in which he has a substantial economic interest, from bidding on or entering into or being in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
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Adopt the proposed opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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