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Advisory opinion regarding whether Patrick Morrow may be appointed to serve on the St. Landry Parish Hospital Service District No. 2 while he and his law firm, Morrow, Morrow, Ryan and Basset, represent the hospital in a class action lawsuit. |
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In October 2011, Wayne Gilmore, a member of St. Landry Parish Hospital Service District No. 2, passed away. The Hospital Service District seeks to appoint Patrick Morrow to the vacancy.
Members of the Hospital Service District are appointed by the Opelousas Parish Council. The only authority the Hospital Service District has is to appoint members to the Opelousas General Hospital Trust Authority, which is responsible for running the hospital. By virtue of their membership on the Hospital Service District, those members also serve on the Opelousas General Hospital Trust Authority.
Mr. Morrow is an attorney and partner with Morrow, Morrow, Ryan and Basset. He owns 25% of the firm. Mr. Morrow and his firm currently represent a group of hospitals, including St. Landry Hospital Service District d/b/a Opelousas General Hospital in several class action lawsuits.
Mr. Morrow's firm has two separate contracts with Opelousas General Hospital Trust Authority in connection with its representation of the hospital in these class actions. In regards to one of the class actions involve the Opelousas General Hospital Trust Authority, the Trust Authority reserves the right to discharge Morrow, Morrow, Basset and Ryan at any time for any reason. Further, the Trust Authority has the right to approve, oppose or comment upon any proposed settlement of the matter. In addition, the Trust Authority agreed to certain "duties [as] class representative." However, this class action has settled. A special master has been appointed to oversee the disbursement of settlement funds. In regards to the other class action involving the Opelousas General Hospital Trust Authority, which Mr. Morrow's represents, the Trust Authority is just a class member that will share in any settlement proceeds. The Trust Authority does not have the authority to direct the attorneys' actions nor will they meet to discuss any matters involving this class action. With the exception of these class action lawsuits, neither Mr. Morrow nor his firm has any other dealings with St. Landry Parish Hospital Service District or the Trust Authority. The firm's representation of the Trust Authority has been on-going for many years.
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La. R.S. 42:1113B prohibits an appointed member of a board or commission, his immediate family member, or a legal entity in which they have a substantial economic interest, from entering into or being in any way interested in a transaction that is under the supervision or jurisdiction of the board or commission.
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 from receiving any thing of economic value for services 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 Section 1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, 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 have a contractual, business or financial relationship with the public servant's agency.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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