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Last modified
7/12/2021 11:03:41 AM
Creation date
1/23/2017 3:56:08 PM
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2016-1296
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1296
Requesting Party
Julius P. Hebert, Jr.
Decision Date
1/20/2017
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would not prohibit an elected member of the Terrebonne Parish Council from continuing her employment with Gilsbar, LLC., at a time when it has a contract of insurance with the Parish since she meets the exception created in Board Docket No. 82002D; however, she would be prohibited from voting on matters in which Gilsbar, LLC., has substantial economic interest, at a time when she is employed with Gilsbar. The councilwoman may participate in the debate or discussion concerning the matter involving Gilsbar, provided she discloses her conflict or potential conflict on the record of the Council prior to her participation in the debate or discussion and prior to the vote. Finally, she would be prohibited from monitoring employee health insurance claims for the Parish, administering group health benefit enrollments for new Parish employees, or performing any other duties on behalf of Gilsbar, pursuant to its contract of insurance with the Parish.
Ethics Subject Matters
Prohibited Contracts
Prohibited Transactions
Participation
Recusal
Outside Employment
Payment from Third Parties
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Administrator II. Her job duties include monitoring employee health insurance claims <br /> for the Terrebonne Parish School District (District) and administering group health <br /> benefit enrollments for new District employees. The District is a separate political <br /> subdivision from the Parish. Mrs. Williams is paid an annual salary by Gilsbar, and she <br /> does not receive commissions. She does not have any ownership interest in Gilsbar, and <br /> she is not an officer, director, trustee, partner of Gilsbar. <br /> Mrs. Williams disclosed her potential conflict regarding this matter and recused herself <br /> from voting on the proposals at the Committee meeting. Additionally, she refrained from <br /> participating in any discussion by the Committee regarding the proposals. Three other <br /> members of the Council also recused for this and other reasons. After presentation and <br /> discussion of the proposals, five members of the Committee voted unanimously to pass a <br /> resolution to contract with Gilsbar, LLC, for the Parish's group health insurance <br /> provider/third party administrator. As is procedure, the minutes of the Committee <br /> meeting came up for adoption at the meeting of the full Council on November 16, 2016, <br /> and the Council adopted the resolution as passed and adopted the ordinance as offered. <br /> Mrs. Williams, again, disclosed her possible conflict, refrained from discussion, and <br /> recused herself from voting to adopt the resolution and ordinance at the meeting of the <br /> full Council. <br /> The following provisions of the Code of Governmental Ethics are pertinent to the issues <br /> raised by your questions: <br /> La. R.S. 42:1112B(3) prohibits a public servant, except as provided in La. R.S. 42:1120, <br /> from participating in a transaction involving the governmental entity in which, to her <br /> actual knowledge, any person of which she is an officer, director, trustee, partner, or <br /> employee has a substantial economic interest. <br /> La. R.S. 42:1120 provides that if any elected official, in the discharge of a duty or <br /> responsibility of her office or position, would be required to vote on a matter which vote <br /> would be a violation of La. R.S. 42:1112, she shall recuse herself from voting. An <br /> elected official who recuses herself from voting pursuant to this Section shall not be <br /> prohibited from participating in discussion and debate concerning the matter, provided <br /> that she makes the disclosure of her conflict or potential conflict a part of the record of <br /> her agency prior to her participation in the discussion or debate and prior to the vote that <br /> is the subject of discussion or debate. <br /> La. R.S. 42:1113A prohibits a public servant, a member of her immediate family, or a <br /> legal entity in which she has a controlling interest from bidding on or entering into any <br /> contract, subcontract, or other transaction that is under the supervision or jurisdiction of <br /> her agency. <br />
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