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STATE OF LOUISIANA <br /> # DEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> t y, P.O.BOX 4368 <br /> E BATON ROUGE,LA 70821 <br /> (225)219-5VO <br /> FAX:(225)3811-7271 <br /> 1-800-842-6630 <br /> www.ethics.1a.gov <br /> Tuesday, July 11, 2023 <br /> Charles Tate <br /> 410 West Wilson Street <br /> Ville Platte, Louisiana 70586 <br /> RE: Docket No. 2023-429 <br /> Advisory Opinion <br /> Dear Mr. Tate: <br /> The Louisiana Board of Ethics ("Board"), at its July 7, 2023 meeting, considered your request for <br /> an advisory opinion as to whether the Louisiana Code of Governmental Ethics ("Code")prohibits <br /> you from obtaining state employment while your company, Jasmine Consulting, LLC <br /> ("Company"), has an ongoing contractual and business relationship with the Louisiana Housing <br /> Corporation("LHC"). <br /> FACTS PROVIDED <br /> You provide affordable housing development services to the LHC, exclusively through your <br /> Company. You are currently owed for affordable housing development services rendered through <br /> the Company. The funds you are owed are not funds paid directly by the LHC. In 2016,the LHC <br /> obtained an advisory opinion (Docket No. 2016-531), wherein the Board opined that La. R.S. <br /> 40:600.90(H)(1) and similar statutory provisions created exceptions to La. R.S. 42:11112(A) and <br /> La. R.S. 42:1113(A)(1)(a), which allowed the LHC Executive Director to have an interest in a <br /> contract with LHC. The opinion stated that you were permitted to maintain the LHC Executive <br /> Director without the need to submit a disqualification plan. <br /> You have requested: 1) confirmation that the 2016-531 Opinion remains valid and that you would <br /> be able to accept a"non-agency head" position with the LHC; 2) whether the Code prohibits you <br /> from accepting employment with any other state agency; and, 3) whether you may accept any of <br /> the La. R.S. 42:1113(D)(1) Listed Positions in light of the exception provided in La. R.S. <br /> 42:1113(D)(2). <br /> LAW <br /> La. R.S. 40:600.90(H)(1) states that " If any member of the board of directors or any officer or <br /> employee of the corporation shall have an interest,either direct or indirect, in any contract to which <br /> the corporation is,or is to be,a party,or in any lending institution requesting a loan from or offering <br /> to sell insured mortgage loans to the corporation,such interest shall be disclosed to the corporation <br /> in writing and shall be set forth in the minutes of the corporation." <br /> La. R.S. 42:1102(18) defines a "Public employee" as anyone, whether compensated or not, who <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />