2023-135 - Laserfiche WebLink

2. May TAHK and Mr. Macaluso enter into fee sharing agreements unrelated to TAHK's representation of the hospital district? Law La. R.S. 42:1111(C)(2)(d): No public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, 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: (d)Neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or(B) from receiving a gift. La. R.S. 42:1115A: No public servant shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person: (1) Has or is seeking to obtain contractual or other business or financial relationships with public servant's agency. La. R.S. 42:1102(2)(a) defines "agency" as a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. La. R.S. 42:1102(2)(a)(vi)defines "agency of the public servant" as: (vi) For public servants of political subdivisions, it shall 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; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees. La. R.S. 42:1102(12) defines "governmental entity" as the state or any political subdivision to which the elected official is elected. La. R.S. 42:1102(18) defines "public employee" as anyone, 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 Page 2 of 3 (2023-135)