| Request for an advisory opinion as to whether the
Louisiana Code of Governmental Ethics ("Code") would prohibit Debra Savoie,
member of the Iberia Parish School Board, from providing compensated services
to the Iberia Medical Center while the Iberia Medical Center administers the
Hospital Community Outreach Program. |
|
Debra
Savoie is an elected member of the Iberia Parish School Board. Iberia Medical Center is a public
hospital. Iberia Medical Center established
its own Hospital Community Outreach Program to provide area employers (both
public and private) with health and wellness free of charge. The services consist of the administration of
vaccinations and general health presentations.
Participation by the employees is voluntary. There is no contract or exclusivity agreement
with the participating employers. Iberia
Parish School Board has utilized the services of the Hospital Community
Outreach Program.
Iberia
Medical Center would like to hire Ms. Savoie to help introduce the Hospital's outreach
program to employers of the parish and to facilitate and monitor, on behalf of
the hospital, the need, quality and feedback from services received by the
various employers who take advantage of the outreach program.
|
|
La. R.S. 42:1111C(2) No
public servant and no legal entity in which the public servant exercises
control or owns an interest in excess of twenty-five percent, shall receive any
thing of economic value for or in consideration of services rendered, or to be
rendered, to or for any person during his public service unless such services
are:
(d)
Neither performed for nor compensated by any person from whom such public servant
would be prohibited by R.S. 42:1115(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. 42:1113A(1)(a) states that no public servant, excluding any
legislator and any appointed member of any board or commission and any member
of a governing authority of a parish with a population of ten thousand or less,
or member of such a public servant's immediate family, or 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. 42:1102(2)(a)(i)
defines "Agency" to mean a department, office, division, agency,
commission, board, committee, or other organizational unit of a governmental
entity.
(vi) For
public servants of political subdivisions, it shall mean the agency in which
the public servant serves, except that for members of any governing authority
and for the elected or appointed chief executive of a governmental entity, it
shall mean the governmental entity. Public servants of political subdivisions
shall include, but shall not be limited to, elected officials and public
employees of municipalities, parishes, and other political subdivisions;
sheriffs and their employees; district attorneys and their employees; coroners
and their employees; and clerks of court and their employees.
La.
R.S. 42:1102(16) defines "Person" to mean an individual or legal
entity other than a governmental entity, or an agency thereof.
La.
R.S. 42:1102(19) defines "Public
servant" to mean a public employee or an elected official.
La.
R.S. 42:1102 (23) defines "Transaction involving the governmental
entity" to mean any proceeding, application, submission, request for a
ruling or other determination, contract, claim, case, or other such particular
matter which the public servant or former public servant of the governmental
entity in question knows or should know: (a) Is, or will be, the subject of
action by the governmental entity. (b) Is one to which the governmental entity
is or will be a party. (c) Is one in which the governmental entity has a direct
interest.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|