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Last modified
4/1/2024 8:41:39 AM
Creation date
5/3/2023 10:47:26 AM
Metadata
2023-135
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-135
Requesting Party
Craig J. Robichaux
Parties Involved
Talley, Anthony, Hughes & Knight LLC
Ron S. Macaluso
Agency at Issue
Tangipahoa Parish Hospital Service District No. 1
Decision Date
4/5/2023
Law
La. R.S. 42:1111(C)(2)(d)
La. R.S. 42:1115A
Caption
Ron S. Macaluso, a member of the Tangipahoa Parish Hospital Service District No. d/b/a North Oaks Health System, cannot reeive any thing of economic value for subleasing space to Talley, Anthony, Hughes & Knight LLC nor can Ron Macaluso enter into a fee-sharing agreement with Talley, Anthony, Hughes & Knight LLC to lease a building to the Hospital Service District.
Ethics Subject Matters
Prohibited Sources
Payment from Third Parties
Outside Employment
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2. May TAHK and Mr. Macaluso enter into fee sharing agreements unrelated to TAHK's <br /> representation of the hospital district? <br /> Law <br /> La. R.S. 42:1111(C)(2)(d): No public servant and no legal entity in which the public servant <br /> exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of <br /> economic value for or in consideration of services rendered, or to be rendered,to or for any <br /> person during his public service unless such services are: <br /> (d)Neither performed for nor compensated by any person from whom such public <br /> servant would be prohibited by R.S. 42:1115(A)(1) or(B) from receiving a gift. <br /> La. R.S. 42:1115A: No public servant shall solicit or accept, directly or indirectly, anything of <br /> economic value as a gift or gratuity from any person or from any officer, director, agent, or <br /> employee of such person, if such public servant knows or reasonably should know that such <br /> person: <br /> (1) Has or is seeking to obtain contractual or other business or financial relationships with <br /> public servant's agency. <br /> La. R.S. 42:1102(2)(a) defines "agency" as a department, office, division, agency, commission, <br /> board, committee, or other organizational unit of a governmental entity. <br /> La. R.S. 42:1102(2)(a)(vi)defines "agency of the public servant" as: <br /> (vi) For public servants of political subdivisions, it shall mean the agency in which the <br /> public servant serves, except that for members of any governing authority and for the <br /> elected or appointed chief executive of a governmental entity, it shall mean the <br /> governmental entity. Public servants of political subdivisions shall include, but shall not <br /> be limited to, elected officials and public employees of municipalities,parishes, and other <br /> political subdivisions; sheriffs and their employees; district attorneys and their employees; <br /> coroners and their employees; and clerks of court and their employees. <br /> La. R.S. 42:1102(12) defines "governmental entity" as the state or any political subdivision to <br /> which the elected official is elected. <br /> La. R.S. 42:1102(18) defines "public employee" as anyone, whether compensated or not, who <br /> is: <br /> (i) An administrative officer or official of a governmental entity who is not filling an <br /> elective office. <br /> (ii) Appointed by any elected official when acting in an official capacity, and the <br /> appointment is to a post or position wherein the appointee is to serve the governmental <br /> Page 2 of 3 (2023-135) <br />
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