| Appearance in connection with an advisory opinion request as to the propriety of the City of Kenner maintaining Acacia Financial Group, LLC, as its Agent of Record for employee health insurance benefits. |
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Acacia Financial Group, LLC ("Acacia") was appointed in 2010 to serve as the City of Kenner's Agent of Record for health insurance coverage and has since that time solicited proposals each year from qualified health insurance providers to be submitted to Sigma Consulting. After an analysis of these proposals, a formal recommendation is then made by Sigma Consulting to the Kenner City Council as to the best provider for employee health insurance coverage. The Kenner City Council then approves the health insurance provider contract between the City of Kenner and the chosen insurance company. A standard broker's commission of 1% is paid to Acacia directly from the chosen health insurance provider based on monthly premiums paid by the City of Kenner for employee coverage.
Acacia is entirely owned by Nick Impastato, the father of the Council member Elect for District 5, Dominick Impastato. Acacia's appointment as the City of Kenner's Agent of Record was made by the Mayor in 2010. The appointment has not been renewed and the terms of the appointment have never been changed. Acacia's appointment will remain unchanged until another company is appointed to be the City of Kenner's Agent of Record.
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La. R.S. 42:1113 prohibits public servants, their immediate family members, or legal entities in which they have a controlling interest, from entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1114 requires a public servant or a member of his immediate family, who derives a thing of economic value, of which the immediate family member may be reasonably expected to know has bid on or entered into or is in anyway interested in any contract or any other transaction under the supervision of the public servant's agency to file a disclosure statement with the Board of Ethics stating the: (1) amount of income, (2) nature of the business, (3) name, address and relationship of the public servant, and (4) name of the legal entity to which he is employed.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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