[StBernard] St. Bernard Parish Council nixes hospital board member proposal

[Westley Annis]

St. Bernard Parish Council nixes hospital board member proposal
Published: Wednesday, September 22, 2010, 4:45 PM     Updated: Wednesday,
September 22, 2010, 4:50 PM
 Chris Kirkham, The Times-Picayune 
 
The St. Bernard Parish Council quashed a proposed rule this week that would
have prevented parish hospital board members from doing any business with
the hospital or its contractors while serving on the board or for five years
after leaving the position.

The amendment to the parish's hospital board rules was proposed by
Councilman Ray Lauga, who said he was responding to concerns from some
residents that hospital board members might try to eventually do business
with the hospital.

"I was just saying that if you're on the hospital service district board,
and you're a public servant, you're not to be involved with any profits,"
Lauga said after Tuesday's meeting. "That was the motivation behind it;
that's why it's not a big, complicated amendment."

At the meeting, Parish Council Chairman Wayne Landry cited a state attorney
general's opinion from last year noting that local ordinances governing the
selection or removal process for hospital service district board members
could not differ from the qualifications laid out in state law. The opinion,
which does not have the force of law, laid out that only the state
Legislature could change the guidelines regarding membership on the hospital
service district, which is technically a political subdivision of the state.

"I don't have a problem with almost every ordinance that we want to
introduce, but I refuse to spend taxpayer money to advertise for an
ordinance that we know is absolutely impossible and that this council does
not have the power to actually amend," said Landry, who also chairs the
hospital service district board.

Landry also owns a small rehab hospital and a nursing home.

The proposed amendment to the parish's hospital service district ordinance
was up for introduction, meaning it would have to be formally advertised to
the public and could not be approved until the next council meeting.

Councilman George Cavignac, who also sits on the hospital board, agreed with
Landry's interpretation and then moved to table the ordinance indefinitely.
His motion was seconded by Councilman Kenny Henderson. Councilman Mike
Ginart asked to discuss the matter further, but Landry pointed out
parliamentary rules that say discussion is suspended once there is a motion
to table.

The issue was tabled by a vote of 4-3, with Cavignac, Henderson, Landry, and
Councilman Fred Everhardt voting in favor of the move. Lauga, Ginart and
Councilman Frank Auderer voted against it. 

At the end of the meeting, Ginart said he was displeased with the way the
discussion of the hospital matter was handled, even if it was according to
Robert's Rules of Order, which governs the particulars of parliamentary
procedure.

"It's against what I thought we did around here," Ginart said. "Whether or
not you're for it or against it, certainly to not be able to have a
discussion about it - to me, it just doesn't look right."

Landry replied: "I didn't write Robert's Rules, but I swore to follow them."

Lauga said after the meeting that if he had been able to discuss the issue
at the dais, he would have offered to pay the costs of advertising the
ordinance if that was the hang-up.

He said the ordinance was not directed at any particular board member. He
pointed out that the Parish Council in June 2008 put similar language into
the ordinance governing the hospital service district.

That language was taken out last year when the council amended the ordinance
to put it in line with state law, following the April 2009 attorney
general's opinion that was sought by Landry.

Lauga suggested that the hospital service district board incorporate his
suggestion barring personal business interests into its own internal
policies. 

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