NEW ORLEANS -- If the Louisiana Board of Ethics decides to issue an opinion in the Tim Whitmer matter, it won't be at its December meeting Friday in Baton Rouge.
Documents revealed that the Jefferson Parish chief administrative officer's private business, Lagniappe Industries, may have been secretly sharing commissions on a lucrative insurance contract at the publicly owned West Jefferson Hospital.
Whitmer asked the ethics board for a ruling on whether he and his wife could continue receiving the fee split. Board attorneys recommended that board members decline to render an opinion, at least for now.
"Because the West Jefferson insurance contract has been canceled, there is no possibility that Mr. Whitmer is going to be involved in that transaction any more," said Whitmer's attorney Dane Ciolino. "For that reason an advisory opinion wouldn't be appropriate."
But, Ciolino said they were hoping the board would rule on the matter.
"Under the code of ethics, because Mr. Whitmer doesn't have authority over the West Jefferson Hospital District, it is likely that he didn't violate the code of ethics by being involved in that transaction," said Ciolino. "It would have been nice for the board of ethics to render an opinion one way or the other on that issue."
Ciolino confirms that ethics complaints have been filed against Whitmer and the matter will likely be set for an ethics hearing early next year.
Rafael Goyeneche of the Metropolitan Crime Commission said there is already enough evidence to fire Whitmer. Thursday, Jefferson Parish President Aaron Broussard placed Whitmer on paid leave, pending the outcome of the ethics and ongoing criminal investigations.
"That as far as I'm concerned is a public relations move that does not address the central issue, whether or not Mr. Whitmer's actions violated any parish policy that should result in some type of discipline," said Goyeneche.
Broussard said so far Whitmer has not been charged with any crimes or violations and he is entitled to due process.
"It's not just a matter of having the power to do something, it's what commitment to a fair process do you make," said Broussard. "I've been committed to a due process in this matter from the very beginning."
In the meantime, Whitmer is expected back before a federal grand jury next week.
"I think we're planning on meeting with the government on Tuesday," said Ciolino. "We're going to bring them a number of boxes of documents and talk with them about what we have and what additional documents they may want."
Whitmer's attorney said his client has not been subpoenaed to give testimony before the grand jury. So far, he's been ordered to produce documents.
Ciolino also said if asked to testify, Whitmer will likely answer questions rather than invoke his fifth amendment right to remain silent.
Thursday, Jefferson District Attorney Paul Connick issued a statement to the media acknowledging what Eyewitness News first reported two weeks ago: that his office has been working with federal authorities in connection with the Lagniappe Industries probe, for the past four weeks.
