| Advisory Opinion request on behalf of the Shreveport Downtown Development Authority as to whether the Code of Governmental Ethics ("Code") prohibits the Executive Director from receiving compensation from the Downtown Shreveport Development Corporation. |
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The Shreveport Downtown Development Authority ("Authority") was created by the City of Shreveport to oversee the Shreveport Downtown Development District. The Authority's purpose is to revitalize downtown Shreveport by coordinating the efforts of the public and private sectors for the economic and overall development of the Downtown Development District. It is governed by a Board of Directors.
The Downtown Shreveport Development Corporation ("Corporation") is a private, nonprofit organization formed to promote business growth in downtown Shreveport through initiatives that enhance business growth, strengthen arts and culture, promote residential development, and preserve historic properties. The Corporation is governed by a Board of Directors composed of business and property owners, as well as stakeholders in the downtown area.
The Authority and the Corporation maintain an annual Management Contract that provides the Corporation with the use of the Authority's personnel and office resources to oversee the day-to-day operations of its programs. The Authority invoices the Corporation quarterly for the cost of services.
Pursuant to the Management Contract, the Authority's Executive Director acts as the Corporation's Executive Director without receiving additional compensation. The executive director position is currently vacant. In order to attract candidates, the Authority and the Corporation have considered adding additional terms to the Management Contract, which would include the Corporation agreeing to pay supplemental compensation to the Authority's Executive Director for the performance of duties as the Corporation's Executive Director.
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La. R.S. 42:1111C(2)(d): No public servant ... 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 neither performed for nor compensated by any person who has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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