| Withdrawal of a request for Advisory Opinion regarding a transaction between Orleans Parish District Attorney and a non-profit organization which employs the DA's wife. |
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CFR is a 501(c)(3) non-profit corporation based in New
Orleans, Louisiana. CFR provides education and intensive mental health support
to children with behavioral health needs to ensure their emotional well-being
and academic readiness. CFR's executive director is Liz Marcell Williams; she has been employed with CFR since 2018. Ms. Williams is married to the Orleans Parish District Attorney,
Jason Williams.
CFR is currently in the process of applying for a federal grant from the Office of Juvenile Justice and Delinquency Prevention within the Department of Justice. If CFR were to receive the grant, it is contemplating entering into a cooperative endeavor agreement to provide a counselor to the OPDA to work in the OPDA's diversion program. This program is designed to provide children and families with community alternatives and supports that will create a safer New Orleans. The counselor position will be funded by the federal grant and will be provided to OPDA free of charge.
Kelly
McClure, CFR's Board chair, will be the signatory on any agreements between OPDA
and CFR. Mr. Williams will recuse himself from participating
in any transaction between his office and CFR and both Mr. and Ms. Williams will submit
all necessary disclosures.
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La. R.S.
42:1113(A)(1)(a) states no public servant, or member of such a public servant's immediate
family, or legal entity in which he has a controlling interest shall bid on or
enter into any contract, subcontract, or other transaction that is under the
supervision or jurisdiction of the agency of such public servant.
La. R.S.
42:1102(8) defines "controlling interest" to mean any ownership in any legal entity
or beneficial interest in a trust, held by or on behalf of an individual or a
member of his immediate family, either individually or collectively, which
exceeds twenty-five percent of that legal entity.
La.
R.S. 42:1111(C)(2)(d) provides that no public servant and no legal entity
in which the public servant exercises control or owns an interest in excess of
twenty-five percent, shall receive any thing of economic value for or in
consideration of services rendered, or to be rendered, to or for any person
during his public service unless such services are:
(d) Neither performed for nor
compensated by any person from whom such public servant would be prohibited by
R.S. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S.
42:1111(C)(5)(a) provides that the spouse
of a public servant may continue employment with a person who has or is seeking
a contractual or other business or financial relationship with the public
servant's agency provided all of the following conditions are met:
(i) The spouse is a salaried or wage-earning
employee and has been continuously employed by the person for at least one year
prior to the date the compensated employment would have otherwise initially
been prohibited.
(ii) The compensation of the spouse is
substantially unaffected by a contractual or other business or financial
relationship with the public servant's agency.
(iii) Neither the public servant nor the
spouse is an owner, officer, director, trustee, or partner in the legal entity
which has or is seeking to have the relationship with the public servant's
agency.
(iv) The public servant recuses or
disqualifies himself from participating in any transaction involving the
spouse's employer in accordance with R.S. 42:1112 and related rules and
regulations.
(v) Either prior to or within ten business
days of the date the compensated employment would otherwise be prohibited, the
spouse and the public servant jointly file with the Board of Ethics a written
notice containing a brief description of the nature of the contractual,
business, or financial relationship with the public servant's agency, the date
the spouse was employed by the person, and any other information required by
the board.
(vi) The spouse complies with the disclosure
requirements in R.S. 42:1114.
La. R.S.
42:1112A No public servant, except as provided in
R.S. 42:1120, shall participate in a transaction in which he has a personal
substantial economic interest of which he may be reasonably expected to know
involving the governmental entity.
La. R.S. 42:1112B No public servant, except as provided in
R.S. 42:1120, shall participate in a transaction involving the governmental
entity in which, to his actual knowledge, any of the following persons has a
substantial economic interest: (1) Any member of his immediate family.
La. R.S.
42:1120 provides that if any elected official, in the discharge of a duty or
responsibility of his office or position, would be required to vote on a matter
which vote would be a violation of R.S. 42:1112, he shall recuse himself from
voting. An elected official who recuses himself from voting pursuant to
this Section shall not be prohibited from participating in discussion and
debate concerning the matter, provided that he makes the disclosure of his
conflict or potential conflict a part of the record of his agency prior to his
participation in the discussion or debate and prior to the vote that is the
subject of discussion or debate.
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Approve the withdrawal of the request for an Advisory Opinion.
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| Assigned Attorney: |
Mallory Guillot |
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