| Advisory opinion request regarding whether Christina Mehal can provide services to the Jefferson Davis Addictive Disorder Clinic while she serves as member of the governing board of the Imperial Calcasieu Human Services Authority. |
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Christina Mehal is a member of the governing board of the HSA. The Jefferson Davis Addictive Disorder Clinic (Clinic) was a division within the HSA, but is now run by Pathways Community Behavioral Healthcare, a private entity, pursuant to a contract with the HSA.
The services that Ms. Mehal would provide to the Clinic would include conducting assessments, counseling for addiction and mental health, and obtaining space for the HSA to conduct group counseling and allow their medical staff to service the population. To be compensated for these services, she would enter into a contract with the HSA regarding services rendered to the non-paying population and use of space, but would have to bill a third party for services rendered to everyone else.
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The Imperial Calcasieu Human Services Authority (HSA) was created pursuant to La. R.S. 28:912.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) provides that no public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
La. R.S. 42:1113B provides that no appointed member of any board or commission, member of her immediate family, or legal entity in which she has a substantial economic interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of her agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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