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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 5 of 9 <br /> La. R.S. 42:1102(13) defines "immediate family member"as the term relates to a <br /> public servant, to include the public servant's spouse. <br /> La. R.S. 42:1102(23) defines "Transaction involving the governmental entity" to <br /> mean any proceeding, application, submission, request for a ruling or other <br /> determination, contract, claim, case, or other such particular matter which the <br /> public servant or former public servant of the governmental entity in question <br /> knows or should know: <br /> (a) Is, or will be, the subject of action by the governmental entity. <br /> (b) Is one to which the governmental entity is or will be a party. <br /> (c) Is one in which the governmental entity has a direct interest. A transaction <br /> involving the agency of a governmental entity shall have the same meaning with <br /> respect to the agency. <br /> V. <br /> OPINION: <br /> It is the opinion of the BOE that Devon Wells's agency for purposes of the Ethics Code is <br /> the City of Hammond, which includes the Hammond Zoning Commission, since he is an elected <br /> member of the Hammond City Council, which serves as the governing authority for the City of <br /> Hammond. <br /> It is the opinion of the BOE that the rezoning application is a transaction under the <br /> supervision and jurisdiction of the City of Hammond, since it required the Hammond Zoning <br /> Commission and the Hammond City Council to take action on the application. <br /> It is the opinion of the BOE that Tracy Wells violated La. R.S. 42:1113A by virtue of <br /> submitting the rezoning application to the City of Hammond, a transaction which is under the <br /> supervision and jurisdiction of the City of Hammond, while her husband, Devon Wells, serves as <br /> an elected member of the Hammond City Council. <br /> If this matter proceeded to a public hearing before the Ethics Adjudicatory Board("EAB"), <br /> and the EAB found a violation of the Ethics Code,the EAB could impose a fine of up to $10,000 <br />
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