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Last modified
7/12/2021 10:25:23 AM
Creation date
5/2/2018 10:16:18 AM
Metadata
2018-205
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-205
Requesting Party
Clifton Speed
Decision Date
4/20/2018
Caption
Advisory opinion that the Code of Governmental Ethics would not prohibit the mother of a St. Helena Parish Police Juror from applying for Recovery Program funds through the U.S. Department of Housing and Urban Development (HUD), since the St. Helena Police Jury performs a purely ministerial function in providing the requested information to HUD and administering the payment to the contractors. However, the St. Helena Police Juror would be prohibited by La. R.S. 42:1112B(1) from participating in any matter in which his mother had a substantial economic interest. He would be required to recuse himself consistent with La. R.S. 42:1120.
Ethics Subject Matters
Boards and Commissions
Prohibited Contracts
Participation
Recusal
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STATE OF LOUISIANA <br /> • DEPARTMENT OF STATE CIVIL SERVICE <br /> StrAP <br /> 11: LOUISIANA BOARD OF ETHICS <br /> ,1 P. 0.BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> **.. <br /> „, (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> April 24, 2018 <br /> Clifton Speed <br /> Assistant District Attorney <br /> 21st Judicial District <br /> P.O. Drawer 787 <br /> Greensburg,Louisiana 70441 <br /> Re: Louisiana Board of Ethics <br /> Docket No. 2018-205 <br /> Dear Mr. Speed, <br /> The Louisiana Board of Ethics, at its April 20, 2018, meeting, considered your request for an <br /> advisory opinion as to whether the Code of Governmental Ethics ("Code”) would prohibit the <br /> mother of a St. Helena Parish Police Juror from receiving funds through the federal Hurricane <br /> Gustav/Ike Housing Recovery Program ("Recovery Program"). <br /> You stated that Major Coleman is an elected member of the St. Helena Parish Police Jury ("Po- <br /> lice Jury"). Mr. Coleman's mother,Bertha Coleman, currently qualifies for repairs to her home in <br /> Amite through the U.S. Department of Housing and Urban Development ("HUD") Community <br /> Block Grant Development fund associated with the Recovery Program. The Police Jury is the <br /> HUD-approved Recovery Program sponsor responsible for administering the HUD funds. The <br /> Police Jury has no involvement in the selection process, as any applicant who meets the estab- <br /> lished criteria is eligible to receive funds through the Recovery Program. Once the repairs are <br /> completed, the third-party contractor requests payment from the Police Jury. Due to Bertha <br /> Coleman's relationship to Major Coleman, HUD has requested that the St. Helena Police Jury <br /> provide a letter of exception through your office. <br /> La. R.S. 42:1113A provides that no public servant, or member of such a public servant's imme- <br /> diate family, shall bid on or enter into any contract, subcontract, or other transaction that is un- <br /> der the supervision or jurisdiction of the agency of such public servant. La. R.S. 42:1102 defines <br /> "immediate family member" to include a public servant's parent. <br /> The Board concluded, and instructed me to inform you, that based on the fact that the Police <br /> Jury has no involvement in the Recovery Program application and selection process, no violation <br /> of Section 1113A is presented by Bertha Coleman's application for Recovery Program funds <br /> through HUD, as her son's agency, the Police Jury, performs a purely ministerial function in <br /> providing the requested information to HUD and administering the payment to the contractors. <br /> Page 1 of 2(No. 2018-205) <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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