2003-1119
Created By: Sylvia Scott on 06/07/2005 at 11:17 AM
Category: Ethics Rulings
Caption:

June 2, 2005

Acadian Ambulance, Inc.
130 East Kaliste Saloom Road
Lafayette, LA 70508

RE: Ethics Board Docket No. 2003-1119

The Board of Ethics (the “Board”) after conducting a confidential investigation, is of the opinion that Acadian Ambulance violated Section 1117 of the Code of Governmental Ethics (the “Code”). The information obtained by the Board during the course of its investigation suggests the following:

Acadian Ambulance, Inc., is an ambulance service provider located in Lafayette, Louisiana. On July 29, 2003, Acadian Ambulance flew Mr. James McGehee, Mr. Jerry Agnew and Mr. Thomas Kates, public servants of the Town of Bogalusa, Louisiana, on a plane, to Acadian Ambulance, Inc.’s headquarters in Lafayette. The purpose of the trip was to assist Mr. McGehee, Mr. Agnew and Mr. Kates in evaluating Acadian Ambulance Inc.’s operations and facilities, so that they could determine whether Acadian Ambulance, Inc., would be capable of handling Bogalusa’s ambulance service requirements. Acadian Ambulance paid for all the costs associated with the travel of Mr. McGehee, Mr. Agnew and Mr. Kates.

Section 1117 of the Code prohibits any person from giving a thing of economic value to a public servant which the public servant is prohibited by the Code from receiving. Section 1111A of the Code prohibits a public servant from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position. Therefore, while Mr. James McGehee, Mr. Jerry Agnew and Mr. Thomas Kates were involved in the performance of their duties as public servants of the Town of Bogalusa, Acadian Ambulance was prohibited from paying for the travel of employees of that agency.

The Board is authorized to impose fines upon finding that a violation of the Code has occurred. In this particular situation, given the facts outlined above, along with the fact that Acadian Ambulance has fully cooperated with the Board during the course of the investigation, the Board concluded and is of the opinion Acadian Ambulance violated Section 1117 of the Code of Governmental Ethics. The Board further concluded that Acadian Ambulance should be fined and ordered to pay a fine in the amount of $500 for the violation of Section 1117 of the Code of Governmental Ethics.

By Order of the Board this 2nd day of June 2005.



s/Robert L. Roland Recused
Robert L. Roland, Chairman Henry C. Perret, Jr., Vice-Chairman



s/John W. Greene Absent and did not participate.
Judge John W. Greene Gwendolyn P. Hamilton



s/E. L. Guidry, Jr. s/R. L. Hargrove, Jr.
Judge E. L. Guidry, Jr. R. L. Hargrove, Jr.



s/Michael T. Johnson s/Michael J. Kantrow, Sr.
Michael T. Johnson Michael J. Kantrow, Sr.



s/Joseph Maselli Absent and did not participate.
Joseph Maselli Ascension Delgado Smith



Absent and did not participate.
Dr. Dolores Spikes

CONSENT

The undersigned (a) stipulates to the facts found by the Board; (b) waives the procedural requirements contained in Section 1141 of the Code; (c) admits that his conduct, as described above, violated Section 1117 of the Code; (d) consents to the publication of this letter; (e) agrees to comply with the conditions and orders set forth in this letter; and (f) agrees not to seek judicial review of the findings and actions taken in this letter.
s/David A. Pierce 3/24/05
Acadian Ambulance, Inc. Date
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