| Withdrawal of an advisory opinion request from the Cameron Parish Coroner regarding the Coroner's Office entering into transactions with a contracted staff member's business. |
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Dr. Kevin Dupke serves as the Coroner for Cameron Parish. Charles Hunter is on his Staff with the Cameron Parish Coroner's Office. Mr. Hunter serves as a Consulting Senior Investigator, which is a part-time as-needed position with a fee-for-service reimbursement. Mr. Hunter is also the Owner, President, and Chief Operating Officer of Gulf Coast Forensic Solutions ("GCFS"), located in Lake Charles, Louisiana. Part of the services offered by GCFS is autopsy services/post-mortem examinations.
Dr. Dupke asked the following questions: 1) Is Mr. Hunter, in his capacity as a staff member with the Cameron Parish Coroner's Office, a public servant/employee? 2) Does Mr. Hunter's staff position with the Cameron Parish Coroner's Office prohibit the Cameron Parish Coroner's Office from referring contracted autopsy cases to Mr. Hunter's business, GCFS?
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La. R.S. 42:1113A(1)(a) provides that no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to 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(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1102(18)(a) defines "public employee" to mean 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" means a public employee or an elected official.
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Withdraw the advisory opinion request. Send Dr. Dupke the Board's prohibited contract information sheet.
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| Assigned Attorney: |
Jessica Meiners |
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