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Advisory opinion regarding the propriety of Port Sulphur Ace Hardware, Inc. transacting business with the LeMoine Group while the LeMoine Group has a contract with the Plaquemines Parish Hospital Service District #1 d/b/a Plaquemines Medical Center. |
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Connie Lincoln is a member of the Plaquemines Parish Hospital Service District #1 Board d/b/a Plaquemines Medical Center. Ms. Lincoln is also an owner and manager of Port Sulphur Ace Hardware, Inc. The LeMoine Group and its subcontractors are constructing the new Plaquemines Medical Center Facility pursuant to a contract between the LeMoine Group and Plaquemines Parish Hospital Service District #1 Board.
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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 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.
La. R.S. 42:1102(20.1) defines "service" to mean the performance of work, duties, responsibilities, or the leasing, rental, or sale of movable or immovable property.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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