| Advisory Opinion request from Samuel Gabb on behalf of the Calcasieu Parish Police Jury regarding parish employee James Deblanc and his wife applying for and receiving funding through the Calcasieu Parish Emergency Rental Assistance Program. |
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The U.S. Department of Treasury established programs to address the affordable housing crisis exacerbated by the COVID-19 pandemic. Certain programs made funding available to households struggling to pay rent and/or utilities. Through funds provided under the Consolidated Appropriations Act of 2021 and the American Rescue Plan Act of 2021, the U.S. Treasury Department established an emergency rental assistance program, which allocated funds to Calcasieu Parish on a non-competitive basis.
The Calcasieu Parish Police Jury ("CPPJ"), through its Division of Human Services, administers the local allocation of funds through the Calcasieu Parish Emergency Rental Assistance Program ("Program"). To be eligible for the Program, an applicant must satisfy the following criteria: (1) must have experiences financial distress as a result of the pandemic; (2) must reside in Calcasieu Parish; (3) must earn less than 80% of the area median income; and (4) must demonstrate a risk of experiencing homelessness or housing instability. Once an applicant established eligibility, funds are awarded on a non-competitive basis. Eligible residents may be entitled to payments of as much as six months of past due rental payments and late fees, as well as water, gas, and electric bills based on current billing statements. The Program is under the supervision of Nicole Miller, Program Manager for the CPPJ Director of Housing Recovery.
James Deblanc is employed in Section 8 Housing Program within the CPPJ Division of Human Services as an Inspector. He does not perform any job duties related to the Program.
Mr. Gabb asks whether James Deblanc and his wife can apply for funding through the Program. Mr. Gabb stated that the CPPJ would refer Mr. Deblanc's application to the United Way of Southwest Louisiana for review and administration, and would rely on any recommendation from the United Way as to any funds that should be paid to Mr. Deblanc and his wife.
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The advisory opinion request references a prior Board opinion in Docket No. 2011-230, in which the Board determined that members of the Cameron Parish Police Jury and their immediate family members could apply for and receive funding through the Cameron Parish Housing Assistance Program. As noted by the Board, Cameron Parish has a population under 10,000, which creates an exception to 1113A. Here, Calcasieu Parish is over the maximum population amount and Mr. Deblanc is not a member of the Calcasieu Parish Police Jury, which is the governing authority. Therefore, 2011-230 is not applicable.
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La. R.S. 42:1113(A)(1)(a): No public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, 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(18) and (19) define "public servant" to include any public employee who is engaged in the performance of a governmental entity or is under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of parishes to mean the agency, division, or other organizational unit of a governmental entity in which the public servant serves.
La. R.S. 42:1102(23) defines "transaction" as any application, submission, claim, or other such particular matter which the public servant knows or should know is one which will be subject to action by the governmental entity. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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