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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
Fields
Template:
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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����,,,,,,,, STATE OF LOUISIANA <br /> o'aF Loo? DEPARTMENT OF STATE CIVIL SERVICE <br /> sw9y7 LOUISIANA BOARD OF ETHICS <br /> „ j P.O. BOX 4368 <br /> 1.111% BATON ROUGE.LA 70821 <br /> °"'�• ,, (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> April 15, 2019 <br /> Henry D.H. Olinde,Jr. <br /> Olinde&Mercer <br /> 8562 Jefferson Highway,Suite B <br /> Baton Rouge,Louisiana 70809 <br /> Re: Louisiana Board of Ethics <br /> Docket No. 2019-117 <br /> Dear Mr. Olinde, <br /> The Louisiana Board of Ethics, at its March 15, 2019, meeting, considered your request on be- <br /> half of Pointe Coupee Parish President Major Thibaut for an advisory opinion as to whether the <br /> Code of Governmental Ethics ("Code") would prohibit M r. Thibaut from receiving insurance <br /> commissions that result from a group health insurance contract with the Pointe Coupee Parish <br /> Hospital Service District No. 1. <br /> FACTS PROVIDED <br /> In November of 2016, the voters of Pointe Coupee Parish abolished the police jury form of <br /> government and adopted a Home Rule Charter implementing a "president-council" form of <br /> government. Under this form of government, the Pointe Coupee Parish Council performs the <br /> legislative functions as the governing authority. The Pointe Coupee Parish President performs <br /> the executive functions as the chief administrative officer. Mr. Thibaut was recently elected as <br /> Parish President and took office on January 14, 2019. <br /> Pursuant to La. R.S. 46:1051, et seq., the Pointe Coupee Parish Police Jury created the Pointe <br /> Coupee Parish Hospital Service District No. 1. ("Hospital District") by ordinance on June 5, <br /> 1979. The Hospital District is governed by a nine-member Board of Commissioners, each of <br /> whom are appointed by the Pointe Coupee Parish Council. La. R.S. 46:1053V(1). Two of the <br /> members appointed to the Hospital District Board may be members of the Pointe Coupee Par- <br /> ish Council. La. R.S. 46:1053V(2). The Commission has the authority to advise the Parish Coun- <br /> cil on problems concerning the operation of the hospital. La. R.S. 46:1055A. Additionally, the <br /> Commission may enter into special services agreements with any person to manage,operate, and <br /> administer the hospital, or any part thereof. La. R.S. 46:105513. The Hospital District is consid- <br /> ered a political subdivision of the State of Louisiana. La. R.S. 46:1064A. <br /> Mr. Thibaut owns and operates a one-employee insurance agency in New Roads. In 2012, prior <br /> to his election as Parish President, Mr. Thibaut procured the group health insurance contract for <br /> the Hospital District and its employees. The insurance is written through Massad-Olinde Group, <br /> Page 1 of 2 (Docket No. 2019-117) <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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