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Advisory opinion regarding whether Dr. James Griffee, who is the president and member of the Board of Commissioners of the Slidell Memorial Hospital may continue his employment with the Apogee Medical Management, Inc. while Apogee has a contract with the Hospital. |
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Dr. James Griffee has been elected to serve as President(chief of staff) of the St. Tammany Parish Hospital Service District No. 2 d/b/a Slidell Memorial Hospital (Hospital) for the 2012 calendar year. As president, Dr. Griffee will also serve as a member of the Board of Commissioners. Currently, Dr Griffee is an employee of the Apogee Medical Management, Inc (Apogee). Apogee contracts with the Hospital to provide physician hospitalist services. Dr. Griffee is not an officer, trustee or partner of Apogee, nor does he or any of his immediate family own interest or stock in Apogee. While serving as president/member of the Commission Dr. Griffee will recuse himself from voting on matters involving Apogee.
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Section 1112 of the Code prohibits a public servant from participating in transactions with his agency in which an employer has a substantial economic interest.
Section 1120.4 of the Code provides an exception for appointed members of a board or commission to recuse themselves from voting on matters that violate Section 1112 of the Code. The appointed member may not participate in the discussion or debate of the matter.
Section 1111C(2)(d) of the Code prohibits a public servant from accepting anything of economic value from a person who has or is seeking to have a business or financial relationship with the public servant' agency. Ethic's Board Docket No. 82-02D provides an exception to Section 1111C(2)(d) of the Code when certain factors are met: (1) the employee must be a salaried or wage-earning employee; (2) the employee's salary must remain substantially unaffected by the contractual relationship; (3) the public servant must own less than a "controlling interest" in the company; and (4) the public servant must be neither an officer, director, trustee, nor partner in the company. 82-02D has not been applied to appointed members of boards or commissions.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Aneatra Boykin |
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