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Advisory opinion regarding whether a member of the St. Mary Parish Hospital Service District No. 1 (the "District") may continue to provide compensated services to Whitney Bank if the District contracts with Whitney Bank for investment services. |
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A board member of the St. Mary Parish Hospital Service District No. 1 is also an employee of Whitney Bank. This board member is the Vice President of Commercial Lending. The board member is a salaried employee. The board member would perform no services nor have any supervision or management in connection with the District's funds that are to be managed by Whitney Bank.
If the board member cannot remain on the District's board, will the District have to wait a certain time period before it places its funds with Whitney Bank?
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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. 39:1233.1 authorizes a member of a local depositing authority or its chief executive officer, which would include a member of a district board of commissioners, to serve as an employee of a national or state bank notwithstanding the provision of the Code of Governmental Ethics.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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