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STATE OF LOUISIANA ''''''' DEPARTMENT OF STATE CIVIL SERVICE LOUISIANA BOARD OF ETHICS y Aid 711 P.O.BOX 4368 14 BATON ROUGE,LA 70821 cO•.r (225)219-5600 FAX (225)381-7271 1-800-842-6630 May 20, 2013 wwwethicsstatela us Mr. John Neal, CEO/Administrator Hood Memorial Hospital 301 West Walnut Amite, Louisiana 70422 Re: Board Docket No. 2013-422 Dear Mr.Neal: The Louisiana Board of Ethics,at its May 17,2013 meeting, considered your request for an 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. You have stated that the cooling project was awarded by the Public Bid Process. All bids were submitted under seal and opened publically 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 you 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 of Governmental Ethics. 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.You have further stated that Mr.Blanchard will not participate in any way on work related to this contract. Mr. Blanchard is a salaried employee. The Board concluded and instructed me to inform you that under the circumstances presented above the Code would not prohibit the awarding of the contract between Hood Memorial and Blanchard Mechanical Contractor's. Section 1112B(1) of the Code prohibits the public servant's participation in the in any transaction in which his immediate family member has a substantial economic interest, except as provided in Section 1120. Section 1120 allows an elected official to recuse himself on any matter which would violate Section 1112 of the Code. The facts reflect that Chairman Glascow has recused himself in compliance with Section 1120 of the Code. Section 1113A(1)(a)prohibits a public servant's immediate family member or a legal entity in which he has controlling interest form bidding on or entering into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the public servant's agency. Mr. Blanchard has no ownership interest in Blanchard Mechanical Contractors. Mr.Blanchard has stated that he will not AN EQUAL OPPORTUNITY EMPLOYER