| Reconsideration of an advisory opinion request regarding Darren Guidry's recent appointment as a member of the Board of Directors of the Louisiana Housing Corporation |
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Darren Guidry is employed with Home Bank as its Executive Vice President and Chief Credit Officer and was recently appointed as a member of the Board of Directors of LHC. LHC is a public corporation that serves as the primary administrator of federal and state housing programs in Louisiana and is an instrumentality of the state pursuant to La. R.S. 40:600.88. Home Bank has offices throughout Louisiana, and is an active participant in many of the programs offered through LHC. At the May 11, 2020 Ethics Board meeting an Opinion was rendered which provided that Mr. Guidry could not accept his salary from Home Bank while he serves on the LHC Board of Directors.
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La. R.S. 42:1111C(2)(d) prohibits a public servant or legal entity in which the public servant exercises control or owns an interest in excess of twenty five percent, from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by La. R.S. 42:1115(A)(1) or (B) from receiving a gift. Generally Section 1115A(1) of the Code prohibits a public servant from accepting any thing of economic value from any person, if such public servant knows such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
La. R.S. 42:1115A(1) provides that no public servant shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from 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 have a business, financial or contractual relationship with the public servant's agency.
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Affirm prior advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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