| Advisory opinion request concerning the potential appointment of Dr. Edward Lisecki as a board member to Hospital Service District No. 1, a component unit of Iberia Parish d/b/a Iberia Medical Center. |
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Hospital Service District No. 1 ("District") is a component unit of Iberia Parish d/b/a Iberia Medical Center. Dr. Edward Lisecki is currently authorized to perform surgery at Iberia Medical Center and is considering accepting an appointment to serve as a board member of the District. As a physician, Dr. Lisecki may either contract or be employed by Iberia Medical Center in the future. Dr. Lisecki owns a 14.4% interest in New Iberia Surgery Center, an ambulatory surgery center which is jointly owned by the hospital and a group of physicians not employed by Iberia Medical Center. Two representatives from Iberia Medical Center are members of the Operating Board for New Iberia Surgery Center. Information was obtained that Iberia Parish, the parish in which Iberia Medical Center is located, has a population of 74,103.
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La. R.S. 42:1113B prohibits an appointed member of a board or commission from bidding on, entering into, or being in any way interested in a transaction that is under the supervision or jurisdiction of the agency of the appointed board member.
La. R.S. 42:1123(18)(a) allows a licensed physician who is a member of a board of commissioners for any hospital service district located within a parish which has a population of 125,000 or less to contract with the hospital over which the board exercises jurisdiction.
La. R.S. 46:1076 provides, in pertinent part, that "members of the medical staffs of hospital service district facilities may serve on the hospital service district commission." La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has a substantial economic interest.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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