2021-348 - Laserfiche WebLink

Ethics Board Docket No. 2021-348 Page 5 of 9 La. R.S. 42:1102(13) defines "immediate family member"as the term relates to a public servant, to include the public servant's spouse. La. R.S. 42:1102(23) defines "Transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency. V. OPINION: It is the opinion of the BOE that Devon Wells's agency for purposes of the Ethics Code is the City of Hammond, which includes the Hammond Zoning Commission, since he is an elected member of the Hammond City Council, which serves as the governing authority for the City of Hammond. It is the opinion of the BOE that the rezoning application is a transaction under the supervision and jurisdiction of the City of Hammond, since it required the Hammond Zoning Commission and the Hammond City Council to take action on the application. It is the opinion of the BOE that Tracy Wells violated La. R.S. 42:1113A by virtue of submitting the rezoning application to the City of Hammond, a transaction which is under the supervision and jurisdiction of the City of Hammond, while her husband, Devon Wells, serves as an elected member of the Hammond City Council. If this matter proceeded to a public hearing before the Ethics Adjudicatory Board("EAB"), and the EAB found a violation of the Ethics Code,the EAB could impose a fine of up to $10,000