Meetings
 
Agenda Item
Docket No. 13-998
 
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RE:
Advisory opinion regarding whether a surgeon for the Tulane University Health Sciences Center (Tulane), Norman McSwain, an appointed board member for the Louisiana Emergency Response Network (LERN), may continue employment with Tulane if LERN enters into a contract with Tulane.
Facts:
Norman McSwain, M.D., is an appointed member of the Louisiana Emergency Response Network Board (LERN). See La. R.S. 40:2841 -2846. He is the appointed member selected by the Governor from nominees submitted by Tulane University Health Sciences Center. See La. R.S. 40:2844(B)(13). He is a trauma surgeon and is employed by Tulane University Health Sciences Center as Professor of Surgery. He is a regularly compensated employee of Tulane University Health Sciences Center engaged pursuant to a uniform standard of personnel administration. He is a salaried employee. His salary, wages and other usual employment emoluments would be substantially unaffected by any contractual or other business or financial relationship between Tulane University Health Sciences Center, on the one hand, and the Louisiana Emergency Response Network Board, on the other hand. He owns no interest in Tulane University Health Sciences Center. He is neither an officer, director, trustee nor partner in Tulane University Health Sciences Center.

In more than one instance, LERN has considered contracting with Tulane University Health Sciences Center for professional services to assist LERN in fulfilling its responsibilities under La. R.S. 40 :2841 -2846, as authorized by La. R.S. 40:2845(B)(1). Tulane employees are particularly knowledgeable in areas of trauma care, stroke and STEMI, the time sensitive illnesses LERN is tasked with identifying and providing access to appropriate care in order to fulfill LERN's legislative purpose to safeguard the public health, safety and welfare of the people of the state against unnecessary trauma and time sensitive related deaths and incidents of morbidity. See La. R.S. 40:2841. See also La. R.S. 40:2845(A)(7). In order to develop the required comprehensive, coordinated statewide system for access to such care, LERN would benefit from the professional services of Tulane University Health Sciences Center.

LERN is a 28 member Board. Board members for LERN are uncompensated. La. R.S. 40:2844 requires that Tulane University Health Sciences Center nominate one member.

Law:
Section 1111C(2)(d) of the Code prohibits a public servant from receiving compensation from a person who has or is seeking a business, financial relationship with the public servant's agency. Section 1117 of the Code prohibits a public servant or other person from making a payment to a person when the Code prohibits the person from receiving the payment.

Ethics Board Docket No. 82-02D provides an exception to Section 1111C(2)(d) of the Code when certain factors are met: (1) the employee must be a salaried or wage-earning employee; (2) the employee's salary must remain substantially unaffected by the contractual relationship; (3) the public servant must own less than a "controlling interest" in the company; and (4) the public servant must be neither an officer, director, trustee, nor partner in the company. 82-02D does not apply to appointed members of a Board or commission.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2013-998.docx (3)
2013-998- Advisory Opinion Request
1982-02D-)