Meetings
 
Agenda Item
Docket No. 21-343
 
Print
RE:
Advisory Opinion request from LaDonna Englerth, East Carroll Parish Hospital Administrator, regarding the hiring of a Project Manager who is related to the East Carroll Parish Police Jury President.
Facts:
The East Carroll Parish Police Jury created the East Carroll Parish Hospital Service District ("District"), which operates the East Carroll Parish Hospital. The Police Jury appoints the Board of Commissioners for the District. The District is a political subdivision of the State of Louisiana and a component unit of East Carroll Parish. The Police Jury has no authority over the hiring decisions of the District or the day-to-day operations of the District.



The District owns two rural health centers and plans to apply for a Federally Qualified Health Center ("FQCH"). The District has placed an advertisement for a candidate to be hired as Project Manager for the FCQH. The only qualified applicant is Lisa Clement Walters. Ms. Walters is not a physician and has no medical background.



Randy Walters is the President of the East Carroll Parish Police Jury. Lisa Clement Walters is married to Randy Walters's brother.

Law:
La. R.S. 42:1119B(1) provides that no member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity.



La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to include his brothers and their spouses.

La. R.S. 42:1102(12) defines "governmental entity" to mean a political subdivision to which the elected official is elected.

La. R.S. 42:1102(11) defines "governmental authority" to mean the body which exercises the legislative functions of a political subdivision.



La. R.S. 42:1119B(2)(b)(i): Any hospital service district or hospital public trust authority located in such a district may enter into an initial recruiting contract with or employ as a health care provider, a licensed physician, a registered nurse, or an allied health professional who is a member of the immediate family of any district board, authority, or parish governing authority member or of the chief executive of the district or authority provided that such family member is the only qualified applicant who has applied for the position after it has been advertised for at least thirty days in the official journal of the parish and in all newspapers of general circulation in the parish where the hospital is located. The chief executive and any member of a board of a hospital service district or hospital public trust authority which enters into an initial recruiting contract with or employs such physician, registered nurse, or allied health professional shall recuse himself from any decision involving the promotion, discipline, discharge, or assignment of any such employee who is a member of his immediate family.


Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2021-343 - Advisory Opinion Draft
2021-343- Agenda Memo 2021-343
2021-343 - Advisory Opinion Request LaDonna Englerth
2021-343- Additional Information
2021-343- Prior Advisory _ Consent Opinions