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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 lawsuits. |
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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, along with three other firms, currently represent a group of hospitals, including the Opelousas General Hospital Trust Authority d/b/a Opelousas General Hospital in several class action lawsuits.
Mr. Morrow's firm entered into two separate contracts with Opelousas General Hospital Trust Authority in connection with its representation of the hospital in two class action lawsuits.
One class action is against CLECO. Although, the Opelousas General Hospital Trust Authority initially entered into a contract with Mr. Morrow's firm for representation, once the class was certified by the Court, Mr. Morrow's firm was appointed by the court, along with three other firms, to represent the class. Since this appointment by the Court, the contract between the Trust Authority and Mr. Morrow's firm is irrelevant. The Trust Authority does not have the authority nor will it direct any part of the litigation nor does it have the right to remove Mr. Morrow's firm from the litigation since it was appointed by the Court.
In a second class action which is against Summit Consulting, this class action has settled. A special master has been appointed to oversee the disbursement of settlement funds.
Mr. Morrow's firm has filed a Motion to Certify Class on behalf of the Trust Authority in another class action; however, this motion was stayed pending settlement, which was confected this month.
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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