Meetings
 
Agenda Item
Docket No. 13-366
 
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RE:
Advisory opinion request regarding whether Dr. John George, a member of the LSU Board of Supervisors, may serve as the uncompensated CEO of the Biomedical Research Foundation of Northwest Louisiana at a time when it has a contractual relationship with the LSU Board of Supervisors.
Facts:
Dr. John George is a member of the LSU Board of Supervisors. The Biomedical Research Foundation of Northwest Louisiana (BRF) is a nonprofit foundation that has an existing contractual relationship with LSU. Dr. George would like to serve as the CEO of BRF. He will serve is this position without compensation. It is possible that new or renewed contracts may be entered into while Dr. George serves as the uncompensated CEO.

Law:
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. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.

La. R.S. 42:1120.4 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 members may not discuss and debate the matter.

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.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-366 Draft OPinion
2013-366- Advisory Opinion Request