2020-058 - Laserfiche WebLink

did not require approval by the Joint Legislative Committee on the Budget since it was under the $1 Million threshold. Your duties as Director of Business Development include no involvement, control, or authority regarding any aspect of the contract with OGB. You stated that you are paid a salary and that you receive no direct financial benefit, such as a commission, as a result of the Vantage contract with OGB. Further, your father-in-law, Dr. Patrick Jones, has stated that his compensation is unaffected by the OGB contract. Finally, Mike Breard, Executive Vice President with Vantage Health Plan will handle all aspects of the OGB contract in the future. You ask if there are any provisions of the Code that would prohibit your actions as a legislator in light of your employment with Vantage Health Plan and its contract with OGB. VANTAGE HEALTH PLAN CONTRACT La. R.S. 42:1113C provides that no legislator, member of his immediate family, or legal entity in which he has a controlling interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction involving the legislator's agency. La. R.S. 42:1102(13) defines"immediate family"member to include a public servant's spouse and his parents. La. R.S. 42:1102(8) defines "controlling interest to mean any ownership in any legal entity held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent (25%) of that legal entity. The Board concluded, and instructed me to inform you that Section 1113C would not prohibit Vantage Health Plan from entering into the OGB contract, since neither yourself, nor your father- in-law, are in any way interested in the OGB contract. The Board cautions that neither yourself, nor your father-in-law, can be responsible for signing the Vantage Health Plan contract with OGB. La. R.S. 42:1113D provides that no legislator,his spouse, nor any legal entity of person shall enter into any contract with state government. La. R.S. 42:1113D defines "legal entity of a person" for the purposes of this provision to mean any corporation, partnership, or other legal entity in which the legislator or spouse owns an interest of greater than five percent. The Board further concluded that Section 1113D would not prohibit Vantage Health Plan, Inc. from entering into a contract with the State of Louisiana, as Vantage Health Plan Inc. does not meet the definition of"legal entity of a person" since neither you nor your wife own a combined interest of greater than 5% of Vantage Health Plan, Inc. PROHIBITED SOURCES OF COMPENSATION La. R.S. 42:1111C(2)(d) provides that no public servant, and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive anything of economic value for, or in consideration of services rendered, or to be rendered, to or for any person who has, or is seeking to obtain, a contractual, business, or financial relationship with the public servant's agency. La. R.S. 42:1102(2)(a)(iv)defines"agency" for a legislator to be the legislative branch of state government. Page 3 of 5 (Docket No. 2020-058)