| Advisory opinion request regarding whether Gabriel Beadle, a St. Mary Parish Councilman, may receive compensation from a business in which he has an ownership interest and is employed. |
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Gabriel Beadle, a St. Mary Parish Councilman, owns 20% of Urgent Care of Morgan City and works as a physician's assistant for the company. Urgent Care of Morgan City provides medical services to St. Mary Parish employees, which are either paid by the parish employees directly or by the employees' health insurer provided through their employment with St. Mary Parish. Gabriel Beadle does not exercise control over Urgent Care of Morgan City in his duties as a physician's assistant and investor in the company. No one in Gabriel Beadle's immediate family has any ownership interest in Urgent Care of Morgan City.
Gabriel Beadle also owns 20% of Morgan City Radiology, which has the ability to perform medical services such as pre-employment physicals and drug screenings that would entail payment directly from St. Mary Parish if those services are provided. Gabriel Beadle is not employed by and does not exercise control over Morgan City Radiology in his role as an investor in the company. No one in Gabriel Beadle's immediate family has any ownership interest in Morgan City Radiology.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, from receiving compensation for services rendered to any person who has or is seeking to obtain a business, contractual or financial relationship with the public servant's agency. La. R.S. 42:1102(20.1) defines "service" as the performance of work, duties, or responsibilities, or the leasing, rental, or sale of movable or immovable property.
La. R.S. 42:1113A(1)(a) prohibits public servants, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, their immediate family members, or legal entities in which they have a controlling interest, from entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
"Controlling interest" is defined in La. R.S. 42:1102 (8) as any ownership in any legal entity which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1112B(2) prohibits a public servant from participating in matters involving the governmental entity and any person in which he has a substantial economic interest. La. R.S. 42:1114 requires a public servant who derives any thing of economic value through any transaction involving the public servant's agency to file a disclosure statement with the Ethics Board on an annual basis.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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