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Agenda Item
Docket No. 13-1567
 
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RE:
Advisory opinion regarding whether Yvonne Sudderth may contract with the Division of Administration, Office of Risk Management, to provide consulting services to the Attorney General while her husband, John Sudderth, serves as an Assistant Attorney General.
Facts:
John Sudderth is employed with the Attorney General's office as an Assistant Attorney General assigned to civil litigation department in the New Orleans Satellite office. At times, the Attorney General's office is in need of experts to evaluate liability and render expert opinions or in need of consultants to review documents or medical records and provide a summary of those documents. When an expert or consultant is needed, an attorney must submit a "Contract Request for Expert/Consulting Services" Form to FARA, an intermediary adjustment company on contract with the Division of Administration, Office of Risk Management. FARA does not have a contract with the Attorney General's Office.

An adjuster at FARA reviews the request form and either accepts or rejects it. If accepted, the adjuster will send it to the Office of Risk Management, which will determine if the contract is entered into with the expert or consultant. If the Office of Risk Management decides to enter into the contract, then the contract will be between the Office of Risk Management and the expert/consultant. The assistant attorney general nor the Attorney General's Office is a party to the contract.

Yvonne Sudderth is the spouse of John Sudderth. Ms. Sudderth is a nurse consultant. Her services include reviewing medical records and summarizing the medical records. Ms. Sudderth does not render a medical opinion and she is not an "expert witness." Ms. Sudderth would not be involved in providing testimony or assisting in depositions or other testimony that may be taken by the attorney during the course of litigation. Ms. Sudderth would work independently and her work would not include assisting the attorney beyond providing such summaries.

Mr. Sudderth seeks an opinion on two issues:

(1) Whether Yvonne Sudderth is prohibited from entering into a contract with the Division of Administration, Office of Risk Management, to provide medical record summaries to an assistant attorney general while her husband serves as an assistant attorney general?

(2) Whether Mr. Sudderth is prohibited from requesting his wife be a consultant to provide medical record summaries?

Law:
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.

La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.

Recommendations:
Adopt the proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1567 Draft Opinion
2013-1567: Advisory Opinion Request