| Advisory opinion regarding whether
the Code of Governmental Ethics ("Ethics
Code") prohibits the appointment of a doctor to the Tangipahoa Parish Hospital
Service District No. 1 d/b/a North Oaks Hospital Board of Directors while the
doctor has a contract with the North Oaks Hospital. |
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Tangipahoa Parish Government is
seeking to appoint a doctor to the Tangipahoa Parish Hospital Service District
No. 1 d/b/a North Oaks Hospital Board of Directors. The doctor is not an employee of North Oaks
Hospital; however, the doctor does perform operations at the hospital on a
contractual basis. The Tangipahoa Parish
Council is scheduled to vote on the appointment at its July 22, 2024 meeting.
The Louisiana Attorney General
issued an opinion, Opinion No. 91-117A, stating that the dual-officeholding
laws would not be violated by a physician employee serving on the hospital
service district board. The AG Opinion
considered La. R.S. 46:1076 which provides that notwithstanding any other laws
to the contrary, members of the medical staff of hospital service district
facilities may serve on the hospital service district commission.
Tangipahoa Parish has a population of
133,157.
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La. R.S. 42:1113B prohibits an
appointed member of any board or commission, member of his immediate family, or
a legal entity in which he has a substantial economic interest, from bidding on
or entering into or having a substantial economic interest in any contract,
subcontract, or other transaction which is under the supervision or
jurisdiction of the agency of such appointed member.
La. R.S. 42:1123(18)(a) A licensed
physician who is a member of a board of commissioners for any hospital service
district authorized by Chapter 10 of Title 46 of the Louisiana Revised Statutes
of 1950 located within a parish which has a population of one hundred
twenty-five thousand or less from contracting with the hospital over which the
board exercises jurisdiction, from subcontracting with another provider who
contracts with such hospital, or from owning an interest in an entity that
contracts with such hospital. However, such licensed physician shall recuse
himself from participating in any transaction before the board relating to any
contracts entered into by him, or by a provider with which he subcontracts, or
by any entity in which he owns an interest, and permitted by this Paragraph.
La. R.S. 42:1123(18)(b) A licensed
physician who is a member of a board of commissioners for any hospital service
district authorized by Chapter 10 of Title 46 of the Louisiana Revised Statutes
of 1950 located within a parish which has a population of twenty-nine thousand
or less from being employed with the hospital over which the board exercises
jurisdiction or from owning an interest in an entity that contracts with such
hospital. However, such licensed physician shall recuse himself from
participating in any transaction before the board relating to his employment
with the hospital or to any contracts entered into by him, or by a provider
with which he subcontracts, or by any entity in which he owns an interest, and
permitted by this Paragraph.
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. "Agency of the public servant" and "his
agency" when used in reference to the agency of a public servant shall mean for
public servants in the twenty principal departments of the executive branch of
state government, the office in which such public servant carries out his
primary responsibilities; ...except that in the case of public servants who are
members or employees of a board or commission or who provide staff assistance
to a board or commission, it shall mean the board or commission.
La.
R.S. 42:1102(11) defines "governing authority" to mean the body
which exercises the legislative functions of a political subdivision.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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