Meetings
 
Agenda Item
Docket No. 12-058
 
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RE:
Consideration of an emergency advisory opinion concerning Rep. Girod Jackson, State Representative, District 87, working for a company that has a subcontract to provide HUD Section 3 services in connection with the Louisiana Small Rental Property Program.
Facts:
Rep. Jackson is seeking a staff employment position as a project manager for the Louisiana Community Development Capital Fund, Inc. (CapFund), which is a 501(c)(3) non-profit corporation. CapFund was created by a group of private individuals as a community development financial institution and approved lender with a goal of providing low income loans to persons that qualify for community development projects and home mortgages for low income people that may not qualify for conventional home loans.

The SHAW Group has a contract with the State to provide management services for the Louisiana Small Rental Property Program (SRPP). CapFund has a subcontract with the SHAW Group with respect to HUD Section 3 goals, HUD Section 3 company certification and outreach and client relations for the SHAW group. The SRPP is a HUD Community Block Grant Development funded project administered by the Office of Community Development. The HUD Section 3 certification is a designation recognized by HUD for companies based in low income areas or companies that consist of one-third Section 3 certified individuals.

As project manager for CapFund, Rep. Jackson's duties will include management, direction, and supervision of CapFund employees assigned to work on the project. His compensation will be based on an hourly rate for the SRPP project; however, for future projects his compensation will be salary-based. Rep. Jackson does not anticipate any need to contact any state official or state department on behalf of CapFund or its clients. As a project manager for CapFund his duties will involve projects other than those associated with the SRPP.

Comments:
Section 605 of the Rules for the Board of Ethics provides the following:

Where the Ethics Administrator, upon receipt of a request for an advisory opinion, determines that an emergency exists and that said opinion must be rendered prior to the next regularly scheduled meeting of the board, the Ethics Administrator may, after consultation with the Chairman of the board, issue an advisory opinion, in writing. Such opinion, issued by the Ethics Administrator, may be relied upon with impunity until such time as the board adopts a contrary or qualifying opinion. Such opinion, issued by the Ethics Administrator, shall be placed on the general agenda at the next meeting of the board at which time the board shall either confirm, modify or reject the opinion.

Law:
La. R.S. 42:1111E(2(a) provides that n o elected official of a governmental entity shall receive or agree to receive any thing of economic value for assisting a person in a transaction or in an appearance in connection with a transaction with the governmental entity or its officials or agencies, unless he files a sworn written statement with the board prior to or within ten days after initial assistance is rendered.

In Board Docket No. 2009-171, the Board rendered an advisory opinion to the Clerk for the House of Representatives concerning the application of R.S. 42:1111E to members of the legislature in certain situations.

Recommendations:
Confirm the emergency opinion that was rendered.

Assigned Attorney: Kathleen Allen
 
 
ATTACHMENTS:
Description:
2012-058- Advisory Opinion Request
2012-058- Emergency Op 2012-058
2009-171