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r <br /> entity or an agency thereof, either as a member of an agency, or as an employee thereof. <br /> (iii)Engaged in the performance of a governmental function. <br /> (iv) Under the supervision or authority of an elected official or another employee of the <br /> governmental entity. <br /> La. R.S. 42:1102(19) defines "public servant" as a public employee or elected official. <br /> La. R.S. 42:1102(20.1) defines "service" as the performance of work, duties, or responsibilities, <br /> or the leasing, rental, or sale of movable or immovable property. <br /> ANALYSIS <br /> As a board member and Chairman for the hospital district's Board of Commissioners, Mr. <br /> Macaluso is a public servant pursuant to La. R.S. 42:1102(18) and La. R.S. 42:1102(19). Mr. <br /> Macaluso's agency is the Tangipahoa Parish Hospital Service District No. 1 Board of <br /> Commissioners, pursuant to La. R.S. 42:1102(2)(a). <br /> TAHK currently receives assignments to perform legal services, on a case-by-case basis, from the <br /> Hospital District.Therefore,TAHK has a contractual,business,or other financial relationship with <br /> the Hospital District. Pursuant to La. R.S. 42:1111(C)(2)(d), Mr. Macaluso is prohibited from <br /> receiving any thing of economic value in consideration for services rendered to or for TANK. <br /> Pursuant to La. R.S. 42:1102(20.1), subleasing office space is considered a service. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that 1) Mr. Macaluso cannot receive any <br /> thing of economic value for subleasing office space to TAHK and 2) Mr. Macaluso and TAHK <br /> cannot enter into a fee-sharing agreement for cases that Mr. Macaluso refers to TAHK. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Louisiana Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the <br /> Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist <br /> Disclosure Act, and the conflict of interest provisions contained in the Louisiana Gaming Control <br /> Law. If you have any questions,please contact me at(800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> -i &77 4� <br /> Mallory A. Guillot <br /> For the Board <br /> Page 3 of 3 (2023-135) <br />