| Advisory Opinion Request from Mary Sliman, on behalf of Lafayette Consolidated Government Community Development and Planning Department ("CDP"), as to whether CDP may allocate federal grant money to a non-profit organization which has employees of Lafayette Consolidated Government ("LCG") as its officers. |
|
|
LCG is a participating jurisdiction that receives annual federal grant funds from the U.S. Department of Housing and Urban Development. CDP is responsible for allocating that grant money, and routinely awards grant money to non-profit organizations. In the most recent grant cycle, a funding application was submitted by 100 Black Men of Greater Lafayette, Inc., a Louisiana nonprofit corporation (the "Subject Company"). In its funding application, the Subject Company noted that its president and vice-president are both employees of LCG. The President of the Subject Company is Alton Trahan, a fire investigator within the Lafayette Fire Department, and the Vice President of the Subject Company is Forrest Chaisson, the Fire Prevention Chief within the Lafayette Fire Department.
|
|
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a 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(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
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. 42:1102(18)(a) defines "public employee" to mean any person, 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; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Charles Reeves |
|
|