| Advisory opinion request by Eric Duplantis, on behalf of St. Mary Parish Government, regarding whether Dr. Lianter Albert and Dr. Natchez Morice III may be appointed as Deputy Coroners for St. Mary Parish. |
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St. Mary Parish pays the salary of Deputy Coroners. Dr. Lianter Albert serves as the Medical Director for the St. Mary Parish Drug Court. He performs physical examinations and reviews client's blood work to ensure the client is capable of withstanding the regular regiment of treatment; refers clients to any medical treatment needed beyond the scope of Drug Court; and, reviews and signs client treatment plans. Dr. Albert is an employee of Fairview Treatment Center (Center), a St. Mary Parish Government facility. He serves as the Medical Director of the Center and completes medical records and is responsible for assuring compliance with all applicable accreditation, regulatory, and legal requirements or guidelines, including standards from the Council on the Accreditation of Rehabilitation Facilities. He does not refer patients to the Coroner's Office for Coroner's Emergency Certificates. However, he may issue a Physicians Emergency Certificate in his private practice.
Dr. Natchez Morice, III is an owner and employee of a company that provides medical services to employees of St. Mary Parish and their dependents. Compensation for these services are paid by the employees or their health insurer. However, he receives no direct payments from St. Mary Parish. Dr. Morice may issue a Physicians Emergency Certificate in his private practice.
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La. R.S. 42:1111C(1)(A) provides that no public servant shall receive 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. 42:1112B provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following person has a substantial economic interest: any member of his immediate family; any person in which he has a substantial economic interest of which he may be reasonably be expected to know; any person with whom he is negotiating or has an arrangement concerning prospective employment; and, any person who is a party to an existing contract with such public servant, or who owes any thing of economic value to such public servant.
La. R.S. 42:1102(16) provides that "person" means an individual or legal entity other than a governmental entity; or agency thereof.
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| Assigned Attorney: |
Brett Robinson |
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