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Last modified
7/12/2021 9:53:17 AM
Creation date
6/8/2020 4:17:35 PM
Metadata
2020-362
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2020-362
Requesting Party
Dr. Vincent J. Culotta, Jr
Decision Date
6/5/2020
Law
R.S. 42:1113A
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit the law firm of Jones Walker from contracting with the Louisiana State Baord of Medical Examiners while the son of the Executive Director is employed as an associate with the firm, provided that the son does not participate in any transaction involving the Board of Medical Examiners.
Ethics Subject Matters
Prohibited Contracts
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STATE OF LOUISIANA <br /> 4-OF iop�sr <br /> DEPARTMENT OF STATE CIVIL SERVICE <br /> b:17' \‘r,°F99 LOUISIANA BOARD OF ETHICS <br /> � P.0.BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> °o:c-,& (225)219-5600 <br /> • e 9, 2020 FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> Dr. Vincent J. Culotta, Jr. <br /> Executive Director <br /> Louisiana State Board of Medical Examiners <br /> 630 Camp St. <br /> New Orleans, La 70130 <br /> Re: Board Docket No. 2020-362 <br /> Dear Dr. Culotta: <br /> The Louisiana Board of Ethics,at its June 5,2020 meeting,considered your request for an advisory <br /> opinion regarding whether the Code of Governmental Ethics would prohibit the Louisiana State <br /> Board of Medical Examiners (LSBME) from entering into a contract with the law firm of Jones <br /> Walker while your son, Jason Culotta, is employed as an associate with Jones Walker. <br /> FACTS PROVIDED <br /> You provided that your son is not a partner in Jones Walker and does not have any ownership <br /> interest in Jones Walker. Further, you stated if LSMBE was to contract with the law firm of Jones <br /> Walker, your son would not provide any services on any transaction with LSBME nor would he <br /> receive any compensation, salary or bonuses, derived from payments from LSMBE to Jones <br /> Walker. <br /> LAW <br /> La. R.S. 42:1113A prohibits a public servant, or a member of such public servant's immediate <br /> family, or a legal entity in which he has controlling interest, from bidding on or entering into any <br /> contract, subcontract or other transaction that is under the supervision or jurisdiction of the public <br /> servant's agency. <br /> La. R.S. 42:1102(13) defines "immediate family" as including the public servant's children, the <br /> spouses of his children,his brothers and their spouses, his sisters and their spouses, his parents, <br /> his spouse, and the parents of his spouse. <br /> La. R.S.42:1114 provides that each public servant and each member of his immediate family who <br /> derives anything of economic value,directly,through any transaction involving the agency of such <br /> public servant or who derives anything of economic value of which he may be reasonably expected <br /> to know through a person which (1) is regulated by the agency of such public servant, or (2) has <br /> bid on or entered into or is in any way financially interested in any contract, subcontract, or any <br /> transaction under the supervision or jurisdiction of the agency of such public servant shall disclose <br /> certain information as set forth in Section 1114. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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