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CN 1993-225 (2)
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CN 1993-225 (2)
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Last modified
9/30/2011 2:00:34 PM
Creation date
7/27/2010 2:04:12 PM
Metadata
CN 1993-225 (2)
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
CN 1993-225
Parties Involved
George Dyer
Agency at Issue
Fire Apparatus Specialties, Inc.
Decision Date
7/27/1995
Law
1111C(2)(d)
1112
1117
Caption
Assistant Fire Chief of a fire district violated the code by selling fire equipment to the fire district.
Ethics Subject Matters
Prohibited Sources
Outside Employment
Participation
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Ethics Commission <br /> Opinion No. 93 -225 <br /> Page 8 <br /> II. <br /> PRINCIPLES OF LAW <br /> Mr. Dyer has been charged with violating Sections <br /> 1111C(2)(d) and 11128(2) and (3) of the Code of Governmental <br /> Ethics. <br /> Section 1111C(2)(d) provides in pertinent part as follows: <br /> Section 1111. Payments from nonpublic sources <br /> * * * * * <br /> C. Payments for nonpublic service. <br /> * * * * * <br /> (2) No public servant and no legal entity in <br /> which the public servant exercises control or <br /> owns an interest in excess of twenty -five <br /> percent, shall receive any thing of economic <br /> value for or in consideration of services <br /> rendered, or to be rendered, to or for any person <br /> during his public service unless such services <br /> are: <br /> * * * * * <br /> (d) Neither performed for nor compensated by any <br /> person from whom such public servant would be <br /> prohibited by R.S. 42:1115(A)(1) or (B) from <br /> receiving a gift. <br /> R.S. 42:1115A(1) and B appear at Section 1115 of the Code <br /> and provide as follows: <br /> Section 1115 Gifts <br /> A. No pubic servant shall solicit or accept, <br /> directly or indirectly, any thing of economic <br /> value as a gift or gratuity from any person or <br /> from any officer, director, agent, or employee of <br /> such person, if such public servant knows or <br /> reasonably should know that such person: <br /> (1) Has or is seeking to obtain contractual or <br /> other business or financial relationships with <br /> the public servant's agency, <br /> * * * * * <br /> 6 <br />
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