| Advisory Opinion request submitted on behalf of Talley, Anthony, Hughes & Knight, LLC ("TAHK") regarding
whether TAHK can sublease office space from Ron Macaluso while he serves on the Tangipahoa Parish Hospital Service
District No. 1 a/k/a North Oaks Health System. |
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The
requesting law firm, TAHK currently receives assignments to perform legal
services, on a case-by-case basis, from Tangipahoa Parish Hospital Service
District No. 1 a/k/a North Oaks Health System ("hospital district"). These
assignments are determined and made by the Hospital District's CEO/President. The Hospital District's CEO/President further defines the scope of work, the method and
amount of the law firm's compensation, and confirmation of the attorney-client
relationship. The Hospital District's CEO/President has not, nor is it required,
that the CEO/President secure authorization or confirmation of these legal
assignments from the Hospital District's Board of Commissioners.
Ron
S. Macaluso ("Mr. Macaluso"), a Hammond attorney, serves on the Hospital District's Board as Chairman. Mr. Macaluso, as a board
member, does not select determine ratify or confirm any law firm hired by
the Hospital District's CEO/President.
TAHK
is interested in subleasing a portion of Mr. Macaluso's law office building.
The cost of the lease is to be determined by a current appraisal.
TAHK
and Mr. Macaluso also are considering entering into fee sharing agreements for
cases he refers, consistent with the Louisiana State Bar Association's rules of
Professional Responsibility. Mr. Macaluso will not refer or work on any Hospital District cases, nor will he receive any portion of the fees associated
with TAHK's representation of Hospital Service District No. 1.
Mr. Robichaux asks the following two questions:
1.
May TAHK
and Mr Macaluso enter the sublease agreement?
2.
May TAHK and Mr. Macaluso enter into fee
sharing agreements unrelated to TAHK's representation of the Hospital District?
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La. R.S. 42:1111(C)(2)(d): 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. No
public servant shall solicit or accept, directly or indirectly, anything 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:
(1)
Has
or is seeking to obtain contractual or other business or financial
relationships with public servant's agency.
La.
R.S. 42:1102(2)(a)
defines "agency" as a department, office, division, agency, commission, board,
committee, or other organizational unit of a governmental entity.
La.
R.S. 42:1102(2)(a)(vi)
defines "agency of the public servant" as:
(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(12) defines
"governmental entity" as the state or any political subdivision to which the
elected official is elected.
La.
R.S. 42:1102(18) defines
"public employee" as anyone, whether compensated or not, who is:
(i)
An administrative officer or official of a governmental entity who is not
filling an elective office.
(ii)
Appointed by any elected official when acting in an official capacity, and the
appointment is to a post or position wherein the appointee is to serve the
governmental entity or an agency thereof, either as a member of an agency, or
as an employee thereof. (iii)
Engaged in the performance of a governmental function.
(iv) Under the supervision or authority of an
elected official or another employee of the governmental entity.
La.
R.S. 42:1102(19) defines
"public servant" as a public employee or elected official.
La.
R.S. 42:1102(20.1) defines
"service" as the performance of work, duties, or responsibilities, or the
leasing, rental, or sale of movable or immovable property.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Mallory Guillot |
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