| A Request for an Advisory Opinion, submitted by Renda T. Fontenot (on behalf of Rep. Phillip R. DeVillier and Savannah Claire, Inc.) regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit him or Savannah Claire, Inc. from participating in the Emergency Rental Assistance Program ("ERAP"). |
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Savannah Claire, Inc. is a corporation organized under the laws of the State of Louisiana and owned by Rep. Phillip R. DeVillier (a member of the Louisiana House of Representatives). Savannah Claire, Inc. is a rental company with several rental properties. Rep. DeVillier would like to participate in the ERAP.
The Louisiana state-administered ERAP program, funded by the U.S. Treasury, uses a two-pronged implementation approach for meeting the continued needs of renters and landlords impacted by the COVID-19 pandemic. The Louisiana Housing Corporation, in partnership with the State of Louisiana Office of Community Development, is administering the program in 57 Louisiana parishes with a funding allocation of $161 million per the recent federal COVID relief legislation. Both renters and landlords within the fifty-seven (57) parishes where the Louisiana ERAP is administered can apply.
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La. R.S. 42:1113(C) provides no legislator, member of his immediate family, or legal entity in which he has a controlling interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction involving the legislator's agency.
La. R.S. 42:1113(D)(1)(a)(ii)(aa) provides that legislators are prohibited from entering into contracts with state government.
La. R.S. 42:1113(D)(1)(c)(ii) provides an exception to the prohibition against legislators entering into contract with state government where [the] contract is for housing, medical treatment, retirement benefits, or insurance benefits provided on the same terms and conditions available to similarly situated persons.
La. R.S. 42:1114.3(A)(1) provides that "No statewide elected official, legislator, commissioner of administration, or chief of staff or executive counsel to the governor, nor the spouse of any such person, nor any corporation, partnership, or other legal entity in which such a person owns an interest of greater than five percent, except a publicly traded corporation or a legal entity in which the person owns a passive ownership interest that is the result of participation in a federally approved program of employee ownership, shall enter into any contract to which all of the following apply: (a) The contract is directed to addressing needs directly emanating from a gubernatorially declared disaster or emergency; and, (b) The person knows or reasonably should know that the contract or subcontract is funded or reimbursed in whole or in part with federal funds distributed, paid, or allocated to or by the state or a state department, agency, or official.
La. R.S. 42:1114.3(A)(1)(c)(iii) provides an exception to the La. R.S. 42:1114.3(A)(1) where [the] contract is for housing, medical treatment, retirement benefits, or insurance benefits provided on the same terms and conditions available to similarly situated persons.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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