| A Request for an Advisory Opinion, submitted by Charles Tate, concerning whether the Louisiana Code of Governmental Ethics ("Code") prohibits state employment while he (and his Company - Jasmine Consulting, LLC) has a contractual/business relationship with the Louisiana Housing Corporation. |
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Mr. Tate provides affordable housing development services to the LHC, exclusively through the Company, currently owned for affordable housing development services rendered through the Company. The funds he is owed are not funds paid directly by the LHC. In 2016, the LHC obtained an advisory opinion (Docket No. 2016-531), wherein the Board opined that La. R.S. 40:600.90(H)(1) and similar statutory provisions created exceptions to La. R.S. 42:11112(A) and La. R.S. 42:1113(A)(1)(a), which allowed the LHC Executive Director to have an interest in a contract with LHC. The opinion stated that he was permitted to maintain the LHC Executive Director position without the need to submit a disqualification plan.
Mr. Tate has requested: 1) confirmation that the 2016-531 Opinion remains valid and that he would be able to accept a "non-agency head" position with the LHC; 2) whether the Code prohibits you from accepting employment with any other state agency; and, 3) whether you may accept any of the La. R.S. 42:1113(D)(1) listed positions in light of the exception provided in La. R.S. 42:1113(D)(2).
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La. R.S. 40:600.90(H)(1) states, " If any member of the board of directors or any officer or employee of the corporation shall have an interest, either direct or indirect, in any contract to which the corporation is, or is to be, a party, or in any lending institution requesting a loan from or offering to sell insured mortgage loans to the corporation, such interest shall be disclosed to the corporation in writing and shall be set forth in the minutes of the corporation."
La. R.S. 42:1102(18) defines a "Public employee" as anyone, whether compensated or not, who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office; (ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) Engaged in the performance of a governmental function; and, (iv) Under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1113(A)(1)(a) states no public servant, excluding any legislator and any appointed member of any board of 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. 42:1113(D)(1)(a)(i) provides that legislators, agency heads, and certain high-ranking agency officials are prohibited from entering into contracts with state government.
La. R.S. 42:1113(D)(2)(d) provides that the prohibition found in La. R.S. 42:1113(D)(1)(a) shall not prohibit the completion of any contract which, at the time it was entered into, was not prohibited by the provisions of this subsection, however no such contract shall be renewed except as specifically provided for in this paragraph.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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