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Last modified
7/12/2021 10:13:20 AM
Creation date
4/15/2019 9:55:38 AM
Metadata
2019-117
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2019-117
Requesting Party
Henry D. H. Olinde, Jr.
Decision Date
3/15/2019
Law
La. R.S. 42:1111C(2)(d)
La. R.S. 42:1111E(1)
La. R.S. 42:1102(2)(a)(vi)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit Major Thibaut, Pointe Coupee Parish President, from receiving compensation from Massad-Olinde as a result of any new health insurance contract with the Pointe Coupee Hospital Service District No. 1, as the Hospital District is a political subdivision of the state pursuant to La. R.S. 46:1064A.
Ethics Subject Matters
Payment from Third Parties
Prohibited Sources
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an independent health insurance agency. Massad-Olinde pays Mr. Thibaut 50% of the commis- <br /> sions generated by the health insurance contract with the Hospital District. <br /> LAW <br /> La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public <br /> servant exercises control or owns an interest in excess of twenty-five percent, shall receive any <br /> thing of economic value for or in consideration of services rendered, or to be rendered, or to <br /> for any person during his public service unless such services are: (d) neither performed for nor <br /> compensated by any person or from any officer, director, agent, or employee of such person, if <br /> such public servant knows or reasonably should know that such person has or is seeking to ob- <br /> tain contractual or other business or financial relationships with the public servant's agency. <br /> La. R.S. 42:1111E(1) provides that no public servant, and no legal entity in which the public <br /> servant is an officer, director, trustee, partner, or employee, or in which the public servant has a <br /> substantial economic interest, shall receive or agree to receive anything of economic value for <br /> assisting a person in a transaction, or in an appearance in connection with a transaction,with the <br /> agency of such public servant. <br /> La. R.S. 42:1102(2)(a)(vi) defines "agency," for public servants of political subdivisions, as the <br /> agency in which the public servant serves, except that for members of any governing authority <br /> and for the elected or appointed chief executive of a governmental entity, it shall mean the gov- <br /> ernmental entity. A "governmental entity" means the state or any political subdivision to which <br /> the elected official is elected. La. R.S. 42:1102(12). <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that Major Thibaut, in his capacity as <br /> Pointe Coupee Parish President, would not be prohibited by Section 1111C(2)(d) or Section <br /> 1111(E)(1) from receiving compensation from Massad-Olinde as a result of any new health in- <br /> surance contract with the Hospital District, as the Hospital District is a political subdivision of <br /> the state pursuant to La. R.S. 46:1064A. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as pre- <br /> sented may result in a different application of the provisions of the Code of Governmental Eth- <br /> ics. The Board issues no opinion as to past conduct or as to laws other than the Code of Gov- <br /> ernmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Act, and con- <br /> flict of interest provisions in the gaming laws. If you have any questions, please contact me at <br /> (800)842-6630 or (225)219-5600. <br /> Sincerely, <br /> • _ _ • A BOARD OF ETHICS <br /> Thc,S2(2_ <br /> David M. Bordelon <br /> For the Board <br /> Page 2 of 2 (Docket No. 2019-117) <br />
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