| Advisory opinion regarding whether the Code of Governmental Ethics(Code) would prohibit Rachael Duhon from working part-time for Hearts of Hospice, if Hearts of Hospice conducts business with the Southwest Louisiana Veterans Home (Home), while her husband, Matthew Duhon, serves as the Home's Administrator. |
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Mr. Duhon provided that currently the Home does not have a
business relationship with the Hearts of Hospice. He stated that the Home severed
its relationship with Hearts of Hospice in 2015 after receiving an ethics
opinion (BD #2015-563) in which the Board held that La. R.S. 42:1113 would
prohibit his wife from providing services at the Home as an employee of Hearts
of Hospice. Further, he would be prohibited by La. R.S. 42:1111C(2)(d) from
accepting compensation for those services his wife provided assuming they have
a community property regime.
Mr. Duhon requested this follow up opinion as his wife is now
only going to work part time for Hearts of Hospice and would not provide any
services at the Home. She would not receive any compensation from any business
arrangement between the Home and Hearts of Hospice. Any services provided to veterans
at the Home would be billed to outside providers. He stated that his wife has
no ownership interest in Hearts of Hospice or its new owner the LHC Group.
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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 La. R.S. 42:1115(A)(1) or (B).
La. R.S. 42:1111C(5)(a)
Notwithstanding the provisions of Subparagraph (2)(d) of this Subsection, the
spouse of a public servant may continue employment with a person who has or is
seeking a contractual or other business or financial relationship with the
public servant's agency provided all of the following conditions are met:
(i)
The spouse is a salaried or wage-earning employee and has been continuously
employed by the person for at least one year prior to the date the compensated
employment would have otherwise initially been prohibited.
(ii)
The compensation of the spouse is substantially unaffected by a contractual or
other business or financial relationship with the public servant's agency.
(iii)
Neither the public servant nor the spouse is an owner, officer, director,
trustee, or partner in the legal entity which has or is seeking to have the
relationship with the public servant's agency.
(iv)
The public servant recuses or disqualifies himself from participating in any
transaction involving the spouse's employer in accordance with R.S. 42:1112 and
related rules and regulations.
(v)
Either prior to or within ten business days of the date the compensated
employment would otherwise be prohibited, the spouse and the public servant
jointly file with the Board of Ethics a written notice containing a brief
description of the nature of the contractual, business, or financial
relationship with the public servant's agency, the date the spouse was employed
by the person, and any other information required by the board.
(vi)
The spouse complies with the disclosure requirements in R.S. 42:1114.
(b)
The provisions of this Paragraph shall not apply to members of the legislature.
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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