| Advisory Opinion request from Patrick Ottinger with Ottinger Hebert LLC, regarding his appointment as City-Parish Attorney for Lafayette Consolidated Government, as well as his appointment of Assistant City-Parish Attorneys form his firm. |
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Patrick Ottinger is a member of the private practice law firm Ottinger Hebert LLC. Since January 1, 2023, Mr. Ottinger is compensated solely as a percentage of his own personal billings to clients. He does not receive any portion of revenues received by the firm with respect to billings by others, including attorneys. Neither Mr. Ottinger, nor his firm, represents clients in matters before or adverse to Lafayette Consolidated Government ("LCG").
Mr. Ottinger was recently appointed as City-Parish Attorney for the new administration of Lafayette Mayor-President Monique Blanco Boulet. His appointment is subject to approval by the Lafayette Parish Council and City Council pursuant to Lafayette Home Rule Charter Section 4-03A. The City-Parish Attorney acts as the director of the Legal Department and serves under the direction and supervision of the Mayor-President. LCG will pay his attorney fees to his firm, Ottinger Hebert LLC, who will then remit a portion of the payments to Mr. Ottinger as part of his compensation. Mr. Ottinger asks whether this compensation arrangement as City-Parish Attorney presents any issues under the Code.
Further, as City-Parish Attorney, Lafayette Home Rule Charter Section 4-03D gives Mr. Ottinger the authority to designate other attorneys as Assistant City-Parish Attorneys, who would serve at his pleasure. It is Mr. Ottinger's intention to appoint attorneys who are currently employed at Ottinger Hebert LLC as Assistant City-Parish Attorneys on an as-needed basis. LCG will pay all fees for those Assistant City-Parish Attorneys working at Ottinger Hebert LLC directly to Ottinger Hebert LLC, who will then remit a portion of those fees to the individual attorneys as part of their normal compensation. Mr. Ottinger will not receive any compensation for any portion of the fees paid to Ottinger Hebert LLC attributable to the work of any Assistant City-Parish attorneys or any paralegals. The Assistant City-Parish Attorney will not receive additional compensation from Ottinger Hebert LLC for the work performed for LCG.
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La. R.S. 42:1111A(1)(a): No public servant shall receive anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
La. R.S. 42:1102 provides the following relevant definitions:
(12) "Governmental entity" means the state or any political subdivision which employs the public employee.
(18)(a) "Public employee" means anyone, whether compensated or not, who is:
(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; or
(iii) Performing a governmental function; or
(iv) Under the supervision or authority of an elected official or another employee of the governmental entity.
(19) defines "public servant" to include a public employee or elected official.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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