| Advisory opinion request from Gerald Michel, Councilman for District 3 of Terrebonne Parish, regarding whether he may collect commissions from the Terrebonne Parish Government Agent of Record or the Third Party Administrator for referrals to other public officials not associated with the Terrebonne Parish Consolidated Government (TPCG). |
|
Gerald Michel serves as District 3 Councilman for Terrebonne Parish. He also is licensed as a life and health insurance agent and manages two pharmacies in Morgan City, Louisiana. The Terrebonne Parish Council members selected and entered into a contract with Tony Alford, of Alford, Staples and Lapayre,and Robichaux Insurance (ASLR Insurance) to serve as Agent of Record for TPCG. In this role, Mr. Alford shops, evaluates health, life, and disability insurance and makes recommendations to the TPCG. Mr. Alford may also receive commissions on the life and disability insurance, but he receives a fee-for-service for administering the self-insured health plan.
Gilsbar was selected and entered into an agreement with the TPCG as the Third Party Administrator. In this role, Gilsbar administers the parish's self-insured health plan that the parish provides to its employees and retirees. Gilsbar receives a fee-for-service for administering the program, but not a commission.
|
|
|
Councilman Michel has asked to withdraw his request as this situation no longer exists.
|
|
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 with the public servants agency.
|
|
|
Grant withdrawal of the request.
|
|
| Assigned Attorney: |
Brett Robinson |
|
|