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2022-209
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2022-209
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Entry Properties
Last modified
4/1/2024 8:38:52 AM
Creation date
6/5/2023 2:20:18 PM
Metadata
2022-209
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2022-209
Parties Involved
Fernest Martin
Agency at Issue
City of Jeanerette, Parish of Iberia
Decision Date
6/2/2023
Law
La. R.S. 42:1111(A)(1)(a)
Caption
Fernest Martin, Jeanerette City Marshal, violated La. R.S. 42:1111(A)(1)(a) by virtue of his receipt of money from claimed overtime pay that he was not duly entitled to receive for the performance of his job duties.
Ethics Subject Matters
Payment - Not Duly Entitled
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Ethics Board Docket No. 2022-209 <br /> Page 5 of 9 <br /> V. <br /> OPINION: <br /> It is the opinion of the BOE that Fernest Martin was a public servant and elected official in <br /> 2019 and 2020 while serving as the elected Jeanerette City Marshal for purposes of the Ethics <br /> Code. Fernest Martin received two payments for overtime totaling $1,198.50, which violated the <br /> Jeanerette City Marshal's Policies and Procedures. <br /> As a result, it is the opinion of the BOE that Fernest Martin, in his capacity as Jeanerette <br /> City Marshal, violated La. R.S. 42:1111(A)(1)(a) of the Ethics Code by virtue of his receipt of <br /> $1,198.50 from claimed overtime pay,that he was not duly entitled to receive,for the performance <br /> of his duties and responsibilities as Jeanerette City Marshal. <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 /> pursuant to La. R.S. 42:1153. Additionally, the EAB could impose a civil penalty up to 1.5 times <br /> the amount of the illegal gain, pursuant to La. R.S. 42:1155. <br /> In this particular matter,the parties have agreed to resolve this matter amicably. Therefore, <br /> it is the conclusion of the BOE that the interests of the public and judicial efficiency would be <br /> served through the publication of this Consent Opinion with the imposition of a$500 civil penalty <br /> against Fernest Martin. <br />
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