| Advisory Opinion request on behalf of St. Mary Parish Hospital Service District No. 1 d/b/a Bayou Band Health System as to the potential hiring of a member of the St. Mary Parish Council. |
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The Hospital Service District No. 1 of St. Mary Parish ("District") d/b/a Bayou Bend Health System is governed by a Board of Commissioners, who are appointed by the St. Mary Parish Council. The District needs to hire a general surgeon. The District would like to hire Dr. Kristi Rink to fill this vacant position. Dr. Rink is also an elected member of the St. Mary Parish Council, which is not involved in the District's hiring process. If hired, Dr. Rink has stated that she will recuse herself from participating in any matters involving the District.
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La. R.S. 42:1112A states that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
La. R.S.42:1120 provides that if an elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which would be a violation of R.S. 42:1112, he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter, provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion and debate and prior to the vote that is the subject of discussion or debate.
Board No. 2019-137: An employee of St. Mary Parish Hospital Service
District No. 1 not prohibited by the Code from being elected as a member
of the St. Mary Parish Council.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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