| Advisory Opinion request from Anna Frank, a member of the Ville Platte Board of Alderman, regarding her potential employment by the Housing Authority of Ville Platte. |
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Anna Frank is an elected member of the Board of Aldermen for the City of Ville Platte. Her current term expires on December 31, 2026. Ms. Frank is also employed as the Director of Section 8 Housing Authority of Evangeline Parish.
The Housing Authority of Ville Platte ("Authority") was created by La R.S. 40.391 to engage in the acquisition, development, and administration of a low-rent housing program to provide safe, sanitary, and affordable housing to the citizens of Ville Platte, Louisiana. The Authority is administered by a five-member board appointed by the Mayor of the City of Ville Platte. Pursuant to La. R.S. 40:383, the Authority is a political subdivision of the State of Louisiana, independent from the municipality or parish that established it or which may appoint some or all of its commissioners.
The Executive Director of the Authority recently resigned, creating a vacancy in the position. Ms. Frank asks whether the Code permits her to be employed as the Executive Director of the Authority, while also being employed as the Director of Section 8 Housing Authority of Evangeline Parish and also serving as an elected member of the Ville Platte Board of Aldermen.
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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(2)(a)(vi) defines "agency," for public servants of political subdivisions, to mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions;
La. R.S. 42:1102(11) defines "governing authority" to mean the body which exercises the legislative functions of a political subdivision.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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