| Advisory opinion request from the Chief Investigator for the East Baton Rouge Coroner's Office Shane Evans regarding whether the Code of Governmental Ethics would prohibit Coroner's Office death investigators from transporting dead bodies for the Louisiana Organ Procurement Agency (LOPA). |
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Chief Evans requested an advisory opinion regarding whether the Code would prohibit Coroner's Office death investigators from transporting dead bodies for LOPA. He provided that the investigators who have requested this permission are trained and certified death investigators. LOPA is the official organ procurement organization responsible for servicing the State of Louisiana. LOPA has been designated by the secretary of Health and Human services as the "organ procurement organization." LOPA is a private non-profit whose mission it is to fulfill Louisiana law by facilitating matching donors and patients. Chief Evans added that Louisiana law prohibits anyone from selling organs. LOPA is merely a facilitator it does not purchase the organs.
Chief Evans provided that the East Baton Rouge Corner's Office has a separate investigation division and LOPA does not have any contractual or business relationship with the investigation division nor does the investigation division regulate any LOPA activity. He provided that the death investigator's job duties include, but are not limited to, taking control of the deceased and their property, photographing the scene, interviewing witnesses, conducting a preliminary exam, preserving the evidence, contacting next of kin, and arranging transportation of the deceased to medical forensics lab or other facility. He provided that the investigator's official job duties do not include transporting the deceased for organ procurement purposes.
Chief Evans stated that LOPA does not have a contract with the Coroner's Office. The only financial transactions between LOPA and the Coroner's Office occur on an as needed basis when LOPA pays a fee to utilize the morgue for harvesting tissue. He provided that this transaction does not involve the investigation division.
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La. R.S. 42:1111C(1)(a) of the Code prohibits a public servant from receiving anything of economic value from an outside source for the performance of services which are devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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