| Advisory Opinion regarding whether the Code of Governmental Ethics prohibits a member of the East Baton Rouge Parish Metropolitan Council ("Metro Council") to simultaneously serve on the Board of Commissioners for Lane Regional Medical Center ("Lane"). |
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Lane Regional Medical Center is a hospital service district and political subdivision of the State of Louisiana pursuant to La. R.S. 446:1051. La. R.S. 46:1053A provides that the Board of Commissioners for Lane be appointed by the Metro Council. There is a vacancy on Lane's Board of Commissioners and the Metro Council would like to appoint one of its sitting members to fill the position. While compensation for on the Board of Commissioners of Lane is permitted by La. R.S. 46:1053C(2), the Metro Council ensures that the councilmember-appointee would receive no salary or per diem.
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La. R.S. 42:1113A(1)(a) states 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. 42:1113A(1)(b)(ii) states that a municipal or parish governing authority is not prohibited from appointing one of its members to a board or commission for which the governing authority is the appropriate appointing authority and the appointee receives no salary or per diem for service on the board or commission, or if a member of the governing authority is required to be appointed to the board or commission by the home rule charter, ordinance, or resolution which created or established the board or commission.
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Adopt proposed Advisory Opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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