Agenda Item
Docket No. 17-632
Request for approval of disqualification plan regarding Riley Berthelot, West Baton Rouge Parish President.
West Baton Rouge Parish Government (WBR) issued a Request for Proposals involving construction project H.010768 Multi-Use Trails, Phase I-B. In response, WBR received three proposals, including one submitted by GIS Engineering, LLC (GIS). Todd Berthelot is the President of GIS. Todd Berthelot is also the son of WBR Parish President Riley Berthelot.

Todd Berthelot was not involved with the submission of the proposal, will not provide any services under the contract, has no ownership interest in GIS, and his compensation is not affected by the awarding of the contract to GIS.

Parish President Riley Berthelot submits the following disqualification plan to avoid any possible prohibited participation in the selection process, and subsequent supervision of the contract if GIS is selected:

1. Kevin Durbin, Director of Public Works, will have sole authority to evaluate the proposals submitted and to select the recipient of the contract.

2. Jason Manola, Chief Administrative Officer, will have sole authority to execute the contract if GIS is selected.

3. Phillip Bourgoyne, Director of Finance, will have sole authority to review and approve all invoices submitted by GIS.

4. Jason Manola and Phillip Bourgoyne will have the authority to execute all checks or other payments to GIS in connection with the contract.

La. R.S. 42:1112B(1) states 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. 42:1112C allows a disqualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code.

La. R.S. 42:1114 provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114. La. R.S. 42:1113A(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.

La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.

Approve the disqualification plan.
Assigned Attorney: David Bordelon
2017-632 AOR
2017-632- Disqualification Plan Approval Draft