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2021-348
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2021-348
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Entry Properties
Last modified
4/1/2024 8:36:42 AM
Creation date
7/11/2022 2:28:47 PM
Metadata
2021-348
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2021-348
Parties Involved
Tracy Wells
Agency at Issue
Hammond City Council
Decision Date
7/8/2022
Law
42:1113A
Caption
Consent opinion concerning Tracy Wells submitting a rezoning application to the City of Hammond, while her husband, Devon Wells, served on the city council.
Ethics Subject Matters
Prohibited Transactions
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Ethics Board Docket No. 2021-348 <br /> Page 4 of 9 <br /> importance in disclosing her affiliation with her husband, the Hammond City Councilman Devon <br /> Wells. In fact, such disclosure was acknowledged at the zoning hearing and that the variance <br /> application was submitted in good faith. <br /> IV. <br /> PROVISIONS OF LAW: <br /> 11. <br /> Section 1113A of the Ethics Code an immediate family member of a public servant from <br /> entering into any contract, subcontract, or other transaction that is under the supervision or <br /> jurisdiction of the agency of such public servant. <br /> La.R.S.42:1113A: <br /> No public servant,excluding any legislator and any appointed member of any board <br /> of commission and any member of a governing authority of a parish with a <br /> population of ten thousand or less, or member of such a public servant's immediate <br /> family, or legal entity in which he has a controlling interest shall bid on or enter <br /> into any contract, subcontract, or other transaction that is under the supervision or <br /> jurisdiction of the agency of such public servant. <br /> 12. <br /> The following terms are defined in Section 1102 of the Ethics Code and are relevant when <br /> analyzing the above Section: <br /> La. R.S. 42:1102(2)(a)(vi) defines "agency," for public servants of political <br /> subdivisions, to mean the agency in which the public servant serves, except that <br /> for members of any governing authority and for the elected or appointed chief <br /> executive of a governmental entity, it shall mean the governmental entity. <br /> Public servants of political subdivisions shall include, but shall not be limited to, <br /> elected officials and public employees of municipalities, parishes, and other <br /> political subdivisions. <br /> La. R.S. 42:1102(11) defines "governing authority" to mean the body which <br /> exercises the legislative functions of a political subdivision. <br />
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