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Advisory opinion request from Jefferson Parish Councilman Mark Spears, regarding whether he may participate and vote in the Parish Council meeting on legislation regarding a potential lease of Jefferson Parish Hospitals, while his wife is employed as a physician with West Jefferson Hospital. |
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Jefferson Parish Councilman Mark Spears has asked whether he may participate and vote in the Parish Council meeting on legislation presented to the Jefferson Parish Council regarding a potential lease Jefferson Parish Hospitals to a private entity while his wife is employed as a physician with West Jefferson Hospital. The lease contracts will not include any discussions that would directly involve individual physicians salaries. Neither he or his wife have any interest in any entity that intends to bid on the contract.
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The 2011 census indicates that the Jefferson Parish population is 432,640.
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La. R.S. 42:1112 B(1) No public servant , except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which any immediate family member has a substantial economic interest.
La. R.S. 42:1102 "substantial economic interest" means an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons.
La. R.S. 42:1119(2)(b)(ii)"Any hospital service district in a parish with a population of between four hundred thousand and four hundred forty thousand persons as of the most recent federal decennial census or hospital public trust authority located in such a district may enter into an initial recruiting contract with or employ as a health care provider, a licensed physician, a registered nurse, or an allied health professional who is a member of the immediate family of any district board, authority, or parish governing authority member or of the chief executive of the district or authority provided that such family member is a qualified applicant...
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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