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Last modified
2/25/2026 11:31:02 AM
Creation date
12/8/2025 10:58:43 AM
Metadata
2025-667
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2025-667
Requesting Party
Austin Feldbaum
Parties Involved
Reade Nossaman
Agency at Issue
Hazard Mitigation Office
City of New Orleans
New Orleans Aviation Board
Decision Date
12/5/2025
Law
1113A
Caption
The Code does not prohbiit an employee of the New Orleans Aviation Board from entering into a contract with the City of New Orleans FEMA grant program.
Ethics Subject Matters
Prohibited Contracts
Prohibited Transactions
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Board is an agency under the City's executive branch of government and governs the Louis <br /> Armstrong New Orleans International Airport. <br /> In Janttary 2023, the Hazard Mitigation Office submitted Mr. Nossaman's FMA grant application <br /> to FEMA, and his application for the 2022 fiscal year was approved on September 18, 2024. Mr. <br /> Nossaman, who meets all of FEMA's eligibility requirements for participation in the FMA grant <br /> program, is prepared to enter into the VEA with the City and begin work on his home. The City's <br /> Legal Department believes that this instance of potential financial interest is not the type of <br /> situation that the VEA provision referenced above intends to prohibit. <br /> You ask whether Mr. Nossaman, a city employee, is prohibited from participating in the FMA <br /> grant program that the City's Hazard Mitigation Office administers. <br /> Law <br /> La. R.S. 42:1113A(1)(a): No public servant, excluding any legislator and any appointed member <br /> of any board of commission and any member of a governing authority of a parish with a population <br /> of ten thousand or less, or member of such a public servant's immediate family, or legal entity in <br /> which he has a controlling interest shall bid on or enter into any contract, subcontract, or other <br /> transaction that is under the supervision or jurisdiction of the agency of such public servant. <br /> La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, <br /> commission, board, conunittee, or other organizational unit of a governmental entity. "Agency of <br /> the public servant"and"his agency"when used in reference to the agency of a public servant shal l <br /> mean: (vi) For public servants of political subdivisions, it shall mean the agency in which the <br /> public servant serves, except that for members of any governing autharity and for the elected or <br /> appointed chief executive of a governmental entity, it shall mean the governmental entity. Public <br /> servants of political subdivisions shall include, but shall not be limited to, elected officials and <br /> public employees of municipalities, parishes, and other political subdivisions; sheriffs and their <br /> employees; district attorneys and their employees; coroners and their employees; and clerks of <br /> court and their employees. <br /> La. R.S.42:1102(18)(a)defines"public employee"to mean anyone,whether compensated or not, <br /> who is: <br /> (i) An administrative officer or official of a governmental entity who is not filling an <br /> elective office. <br /> (ii) Appointed by any elected official when acting in an official capacity, and the <br /> appointment is to a post or position wherein the appointee is to serve the governmental <br /> entity or an agency thereof, either as a member of an agency, or as an employee thereof. <br /> (iii) Engaged in the performance of a governmental function. <br /> (iv) Under the supervision or authority of an elected official or another employee of the <br /> governmental entity. <br /> La. R.S. 42:ll02(19) defines "public servant" to mean a public employee or an elected official. <br /> Page?of 3 (BD 2025-667) <br />
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