| Advisory opinion request by Emile Bertucci, III regarding whether he may serve as chief executive officer (CEO) for St. Bernard Hospital (Hospital) when his brother, Bryan Bertucci, MD, is on staff at the Hospital. |
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Bryan Bertucci, brother of Emile Bertucci, has been on staff at the Hospital as a primary care physician since June of 2012. He has a one third ownership interest in a group practice that leases space from the Hospital. He does not contract with the Hospital for any professional services. Emile Bertucci would like to serve as CEO for the Hospital.
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La. R.S. 42:1102(3) provides that an agency head is the chief executive or administrative officer of an agency who exercises supervision over the agency.
La. R.S. 42:1102(13) provides that an immediate family member of the public servant includes his brothers.
La. R.S. 42:1119A states that no immediate family member of an agency head shall be employed by his agency.
La. R.S. 42:1119C(2) states that the provisions of this Section shall not prohibit the continued employment of any public employee nor shall nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee where a member of public employees' immediate family becomes the agency head of such public employee's agency, provided that such public employee has been employed in the agency for a period of at least one year prior to the member of the public employee's immediate family member becoming the agency head.
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.
La. R.S. 42:1113A(1)(a) provides that no public servant or member of such public servant's immediate family, or 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. 42:1114A provides that each public servant and each member of his immediate family who derives any thing of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision of jurisdiction of the agency of such public servant shall disclose the following: 1) The amount of income or value of any thing of economic value derived; 2) the nature of the business activity; 3) name and address, and relationship to the public servant, if applicable; and 4) the name and business address of the legal entity, if applicable.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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