| Advisory opinion request from the Executive Director of the New Orleans Redevelopment Authority, as to whether her agency is permitted to contact with her husband's employer. |
|
Brenda Breaux is the Executive Director of the New Orleans Redevelopment Authority ("NORA"), a public body corporate and politic created pursuant to La. R.S. 33:4720.55. NORA's primary mission is the revitalization of underinvested areas in the City of New Orleans, including, but not limited to, developing and constructing properties for affordable housing and economic development to benefit poor and needy populations.
NORA issued a Request for Qualifications and Proposals ("RFQ") seeking entities to design, build, and operate a non-congregate housing facility for the homeless population in the City of New Orleans. This development project will be funded with federal funding under the American Rescue Plan Act of 2021. The project's scope includes facility design and construction, 24/7 support services, and on-site case management for the homeless population served by the facility. The only proposal received in response to NORA's RFQ came from a joint venture team comprised of HRI Communities, LLC ("HRI") and Travelers Aid Society of Greater New Orleans ("TASGNO"). The proposal provides that HRI will serve as the housing developer and TASGNO will serve as the non-profit resident supportive services provider for the facility.
Ms. Breaux's husband, Donald Troutman, has been an hourly wage-earning employee of TASGNO since October 2024. He works as a Law Enforcement Assistance Caseworker and is generally responsible for housing placement and support services. As a non-managerial support worker, Mr. Troutman had no knowledge of NORA's RFQ and did not participate in the joint venture's proposal response. Also, Mr. Troutman's compensation from TASGNO would not be affected by a contract with NORA.
As Executive Director, Ms. Breaux is the official signatory for NORA; however, if NORA is permitted to enter into a contract with HRI and TASGNO, Ms. Breaux would disqualify herself from participating in any transaction involving TASGNO, and NORA's Board of Commissioners would, by resolution, appoint an alternate signatory, such as the Chief Financial Officer or the Board Chairperson, to execute the contract on behalf of NORA.
|
|
La. R.S. 42:1111C(2)(d) provides that 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.
La. R.S. 42:1111C(5)(a) provides that, notwithstanding the provisions of Subparagraph (2)(d) of this Subsection, the spouse of a public servant may continue employment with a person who has or is seeking a contractual or other business or financial relationship with the public servant's agency provided all of the following conditions are met:
(i) The spouse is a salaried or wage-earning employee and has been continuously employed by the person for at least one year prior to the date the compensated employment would have otherwise initially been prohibited.
(ii) The compensation of the spouse is substantially unaffected by a contractual or other business or financial relationship with the public servant's agency.
(iii) Neither the public servant nor the spouse is an owner, officer, director, trustee, or partner in the legal entity which has or is seeking to have the relationship with the public servant's agency.
(iv) The public servant recuses or disqualifies himself from participating in any transaction involving the spouse's employer in accordance with R.S. 42:1112 and related rules and regulations.
(v) Either prior to or within ten business days of the date the compensated employment would otherwise be prohibited, the spouse and the public servant jointly file with the Board of Ethics a written notice containing a brief description of the nature of the contractual, business, or financial relationship with the public servant's agency, the date the spouse was employed by the person, and any other information required by the board.
(vi) The spouse complies with the disclosure requirements in R.S. 42:1114.
La. R.S. 42:1112C states every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this Part would result. The procedures for such disqualification shall be established by regulations issued pursuant to R.S. 42:1134(A)(1).
La. R.S. 42:1114A provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives anything of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
Jessica Meiners |
|
|