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Last modified
6/10/2025 6:16:04 PM
Creation date
3/11/2025 11:02:20 AM
Metadata
2024-968
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2024-968
Requesting Party
Dwight Hudson
Parties Involved
Port Hudson Holdings, LLC
Agency at Issue
East Baton Rouge Parish Housing Authority
Louisiana Housing Corporation
City of Baton Rouge/Parish of East Baton Rouge Consolidated Government
East Baton Rouge Office of Community Development
Decision Date
3/7/2025
Law
La. R.S. 42:1113A
Caption
The Code of Governmental Ethics permits Metro Councilman Dwight Hudson’s company, Port Hudson Holdings, LLC, to enter into leases with tenants receiving vouchers from the East Baton Rouge Parish Housing Authority or the Louisiana Housing Corporation, but not from the East Baton Rouge Office of Community Development.
Ethics Subject Matters
Prohibited Contracts
Prohibited Transactions
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governing authority and for the elected or appointed chief executive of a governmental entity, it <br /> shall mean the governmental entity.Public servants of political subdivisions shall include,but shall <br /> not be limited to, elected officials and public employees of municipalities, parishes, and other <br /> political subdivisions; sheriffs and their employees; district attorneys and their employees; <br /> coroners and their employees; and clerks of court and their employees. <br /> La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or <br /> ben.-ficial interest in a trust, held by or on behalf of an individual or a member of his immediate <br /> family, either individually or collectively, which exceeds twenty-five percent of that legal entity. <br /> La. I .S. 42:1102(19) defines "public servant"to mean a public employee or elected official <br /> ANALYSIS <br /> As,in elected councilman for the Parish,you are a public servant pursuant to La. R.S.42:1102(19). <br /> Your agency is the City-Parish, pursuant to La. R.S. 42:1102(2)(a)(vi). As you are the sole owner <br /> of the Company, you have a controlling interest in the Company pursuant to La. R.S. 42:1102(8). <br /> La. R.S. 42:1113A prohibits you and the Company from entering into any contract or other <br /> transaction that is under the supervision or jurisdiction of the City-Parish. As the Housing <br /> Authority and LHC are agencies separate from the City-Parish, any transaction with persons <br /> receiving vouchers from the Housing Authority or LHC would not represent transactions under <br /> the supervision or jurisdiction of the City-Parish. However,any transaction with persons receiving <br /> vouchers from OCD would be a violation of La. R.S. 42:1113A. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that the Code permits the Company to <br /> enter into leases with tenants receiving vouchers from the Housing Authority and/or LHC. The <br /> Code prohibits the Company from entering into leases with tenants receiving vouchers from OCD. <br /> Changes to the facts as presented may result in a different application of the provisions of the <br /> Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to <br /> laws other than the Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure <br /> Act,the Lobbyist Disclosure Acts,and the conflict of interest provisions contained in the Louisiana <br /> Garaing Control Law. <br /> If you have any questions,please contact me at (800) 842-6630 or(225)219-5600. <br /> Sinoerely, <br /> LOUISI <br /> g A BOARD OF ETHICS <br /> Charles E. F,eeves, Jr. <br /> For the Board <br /> Page 2 of 2 (BD 2024-968) <br />
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