| Advisory opinion request regarding whether the Code of Governmental Ethics prohibits Plaquemines Parish Councilman Patricia L. McCarthy from hiring Dale Adams while he serves as an appointed member of the Board of Commissioners of the Plaquemines Medical Center. |
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Dale Adams is an appointed member of the Board of Commissioners of the Plaquemines Parish Hospital Service District Number One (d/b/a Plaquemines Medical Center). He represents District 5 and was elected Chairman of the Board of Commissioners. He is appointed by the Plaquemines Parish Council. Mr. Adams is a volunteer and receives only a $40 per diem for his attendance at the Board meetings.
Patricia McCarty serves as the councilman for Plaquemines Parish, District 5. She would like to employ Mr. Adams as her administrative assistant for Plaquemines Parish Council Staff, District 5.
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La. R.S. 42:1113A(1)(a)
provides 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)(iv) defines "agency" 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(18)(a) "Public employee" means anyone, whether compensated or not, who is:(i) An administrative officer or official of a governmental entity who is not filling an elective office.
La. R.S. 42:1102(19) "Public servant" means a public employee or an elected official.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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