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Advisory opinion regarding whether Francis Heitmeier may provide compensated services to United Professional Company, LLC (UPC) at a time when his brother serves as a member of the Louisiana Legislature and UPC helps its client pass legislation before the legislature. |
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David Heitmeier is a member of the Louisiana Senate. Francis Heitmeier, Sen. Heitmeier's brother, is seeking employment with Untied Professionals Company, LLC (UPC). UPC and its affiliated entities serve as a developer on large commercial projects; as program administrator on construction projects; as a venture capital investor; as an export financing agent; and starting in 2006, UPC established a Medicaid financing division to consult with clients to create, develop and manage Medicaid finance programs. UPC's core market is local government and private industry. UPC's two current largest areas of work are Medicaid finance and program administration. To accomplish the many business objectives of UPC and its affiliates, UPC hires both legislative and executive branch lobbyists and its principals are sometimes actively involved in the legislative process with regard to issues which may affect its business areas.
Mr. Heitmeier is seeking to become an employee of UPC. Mr. Heitmeier's duties would include making available to UPC and its affiliated companies his extensive contacts with potential local government and private clients as a marketing and business development lead and developing marketing strategies for potential clients and arranging meetings for UPC consultants who would attend and present its credentials and experience. Mr. Heitmeier would not be involved in the actual creation, development or management of any of the highly specialized work UPC and its affiliated entities perform.
Mr. Heitmeier would not be lobbying the legislature on behalf of UPC or any of its affiliates. In fact, his contract will contain a provision which strictly prohibits him from lobbying the state legislature on behalf of UPC or its affiliates.
Mr. Heitmeier would receive only a fixed salary. He would not receive any bonus or commission or any other such benefit which might be based on any contractual revenues received by UPC. Other than his fixed employee salary, Mr. Heitmeier would have no economic interest in UPC.
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La. R.S. 42:1113C states that no legislator, member of his immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract with state government.
La. R.S. 42:1114B states that each legislator and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the legislator's agency or who derives any thing of economic value of which he may be reasonably expected to know through a person which has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction involving the legislator's agency shall disclose certain information as set forth in Section 1114.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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