| Advisory Opinion request as to whether the Code of Governmental Ethics ("Code") permits Dr. Roderick Clark to receive a stipend as the President of the Board of Governors for the Louisiana State Medical Society ("LSMS") while also serving as the Governor-appointed President of the Louisiana State Board of Medical Examiners ("LSBME"). |
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The LSMS is a voluntary membership organization made up of physicians, physicians in training, and medical students. The LSMS is a 501(c)6 not-for-profit membership/professional organization. The LSMS has a Board of Governors that serves as its trustee and administrative board. The LSMS Board of Governors consists of a president, seven other officers (one ex-officio), and fifteen additional members representing their geographic districts and delineated sections.
The LSMS has historically paid a stipend ranging between $25,000.00 to $50,000.00 to the president. Dr. Roderick Clark is the current president of the Board of Governors. Additionally, he was appointed by Governor Jeff Landry in July 2024 and currently serves as the president of the ten-member LSBME. There is no contractual or financial relationship between the LSMS and the LSBME. However, the LSMS participates in rule-making activities, including commenting on written rules and testifying before both the LSBME and their advisory committees. LSMS also requests advisory opinions from the LSBME relative to the practice of medicine and physician actions. The LSMS does not represent individual members before the LSBME but does represent the LSMS and the profession before the LSBME.
Dr. Clark's duties as president of the LSMS are different, separate, and distinct from his duties as president of the LSBME. As president of the LSMS, Dr. Clark's duties include but are not limited to, serving as the official spokesman for the LSMS, presiding at all meetings of the Society, preside at all meetings of the Board of Governors, presiding at all meetings of the Executive Committee of the Board of Governors, and to appoint all Councils and Committees of the LSMS not otherwise provided for in the bylaws.
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La. R.S. 42:1111C(2). 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, any thing 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 the public servant's agency.
La. R.S. 42:1115B. No public employee 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 employee knows or reasonably should know that such person:
(1) Conducts operations or activities which are regulated by the public employee's agency.
(2) Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1117. No public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
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| Assigned Attorney: |
Mallory Guillot |
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