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2014-762
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2014-762
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Last modified
7/12/2021 11:14:44 AM
Creation date
12/20/2016 10:45:52 AM
Metadata
2014-762
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2014-762
Parties Involved
Michael Couvillon
Vermilion Parish
Michelle McNabb
Judge Herman Clause
15th Judicial District Court
Vermilion Parish Sheriff's Office
Standard Mortgage Corporation
Bart Ballaire
Decision Date
12/16/2016
Law
42:1113A
42:1112A
Caption
Consent order in which Michael Couvillon agrees that he violated La. R.S. 42:1113A by virtue of his entering into a transaction under the supervision or jurisdiction of the Vermilion Parish Sheriff’s Office to purchase a foreclosed home at a Sheriff’s Sale conducted and supervised by his agency and that he violated La. R.S. 42:1112A by participating in the seizure and sale by the Vermilion Parish Sheriff’s Office of the foreclosed home in which he had a personal substantial economic interest.
Ethics Subject Matters
Participation
Prohibited Contracts
Recusal
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13. <br /> If called to testify, Sheriff Couvillon would state that he obtained advice from his attorney <br /> prior to the Judicial Sale advising that his purchase of the property at a Judicial Sale conducted by <br /> his office would not violate the Code of Governmental Ethics and that he did not intentionally <br /> violate the Code of Governmental Ethics. Further,Sheriff Couvillon agrees that he will not bid nor <br /> purchase property from a judicial sale administered and conducted by the Vermilion Parish Sheriffs <br /> Office while he serves as the Vermilion Parish Sheriff. <br /> 14. <br /> La. R.S. 42:1113A provides with respect to prohibited transactions: <br /> A.No public servant, member his immediate family or legal entity in which he has <br /> a controlling interest, shall bid on or enter into any contract, subcontract, or other <br /> transaction that is under the supervision or jurisdiction of the agency of such public <br /> servant. <br /> La. R.S. 42:1112A provides with respect to prohibited participation. <br /> A. No public servant shall participate in a transaction in which he has a personal <br /> substantial economic interest of which he may be reasonably expected to know <br /> involving the governmental entity. <br /> 15. <br /> La. R.S. 42:1153 provides with respect to penalties: <br /> B. Upon finding that any public employee or other person has violated any <br /> provision of any law within the jurisdiction of the board . . .,the board by a <br /> majority vote of the membership,may remove,suspend,or order a reduction <br /> in pay,or demotion of the public employee or other person,or impose a fine <br /> of not more than ten thousand dollars,or both. <br /> La. R.S. 42:1155 provides with respect to penalties: <br /> A. If an investigation pursuant to R.S. 42:1141 reveals that any public servant <br /> or other person has violated any law within the jurisdiction of the board to his <br /> economic advantage, the board may order the payment of penalties. <br /> Recovery may include, in addition to an amount equal to such economic <br /> Docket No.2014-762 Page 4 of 8 <br />
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