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Advisory opinion regarding whether there would be an Ethics violation if Hood Memorial Hospital were to let out a contract with Blanchard Mechanical Contractors to fix the cooling system at the Hospital when Hospital Chairman Ray Glasgow's bother-in-law is employed by the company. |
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Mr. John Neal CEO of Hood Memorial Hospital has asked whether there would be an Ethics violation if Hood Memorial Hospital were to let out a contract with Blanchard Mechanical Contractors to fix the cooling system at the Hospital.
Mr. Neal stated that the cooling project was awarded by the Public Bid Process. All bids were submitted under seal and opened publicly as required by the law. The lowest bidder was Blanchard Mechanical Contractor's. When the project came in front of the Hospital Board for approval the Chairman, Mr. Ray Glasgow, realized that his brother-in-law was employed by Blanchard Mechanical Contractors and Mr. Glasgow recused himself from participation in the matter. Chairman Glasgow was elected to his position on the board. Without Chairman Glasgow's participation the hospital board then proceeded to approve the award of the contract.
At this time Mr. Neal stayed the letting of the contract and advised them to ask for an Ethics Opinion to insure that this contract would not violate the Code.
Mr. Donald Blanchard is married to Mr. Ray Glasgow's sister. Mr. Blanchard's father owns Blanchard Mechanical Contractors. Mr. Blanchard has no ownership interest in Blanchard Mechanical Contractors. Mr. Blanchard is not a certified plumber and was never intended to work on the project. The work on the contract would be done by certified licensed plumbers employed by Blanchard Mechanical Contractor's. Mr. Neal has further stated that Mr. Blanchard will not participate in any way on work related to this contract. Mr. Blanchard is a salaried employee.
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La. R.S. 42:1112B(1) No public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which an immediate family member has a substantial economic interest.
La. R.S. 42:1113A No public servant, or member of his immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1114 Each public servant and each immediate family member who derives anything of economic value, directly , through any person which has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant.
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| Assigned Attorney: |
Suzanne Mooney |
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