2020-058 - Laserfiche WebLink

The Board concluded, and instructed me to inform you, that Section 1111 C(2)(d) would not prohibit your receipt of compensation from Vantage Health Plan since the contract is with the Office of Group Benefits, which is a part of the executive branch of the State of Louisiana. PROHIBITED ASSISTANCE TO VANTAGE HEALTH PLAN La. R.S. 42:1111E(2) provides that no elected official of a governmental entity shall receive or agree to receive any thing of economic value for assisting a person in a transaction or in connection with a transaction with the governmental entity or its officials or agencies, unless he files a sworn written statement with the Board prior to or within ten days after initial assistance is rendered. La. R.S. 42:1102(4) defines "assist" as to act in such a way as to help, advise, furnish information to, or aid a person with the intent to assist such person. The Board concluded that Section 1111E(2) prohibits you from assisting Vantage Health Plan, for compensation, in a transaction involving the State of Louisiana, without filing the required disclosure forms within the time proscribed. PROHIBITED PARTICIPATION La. R.S. 42:1112A provides that no public servant shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonable expected to know involving the governmental entity. La. R.S. 42:1112B(1)provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest. La. R.S. 42:1112B(3) provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person has a substantial economic interest, of which he is an officer, director, trustee, partner, or employee. La. R.S. 42:1120 provides that if any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which voted would be a violation of 1112, he shall recuse himself from voting. Generally,the various provisions of Section 1112 would prohibit you from participating in matters in which you,your father-in-law,or Vantage Health Plan,Inc.have a substantial economic interest. However, the First Circuit Court, in In re Arnold, 07-2342 (La. App. 1 Cir. 5/23/08), 991 So.2d 531,writ denied, 08-1363 (La. 09/26/08), 992 So.2d 990, ruled that the Legislative Privileges and Immunities Clause of the Louisiana Constitution, Art III, Section 8, provides protection to a Legislator when acting in his legislative capacity against a potential violation of 1112. The privilege extends to freedom of speech in the legislative forum, and when members are acting within the"legitimate legislative sphere,"the privilege is an"absolute bar to interference."Further, the Legislative Privileges and Immunities Clause grants to the Legislature the sole jurisdiction to investigate, "question," or punish legislators for actions by them within the "legitimate legislative Page 4 of 5 (Docket No. 2020-058)