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2022-062
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Entry Properties
Last modified
11/6/2023 11:07:00 AM
Creation date
6/5/2023 2:23:50 PM
Metadata
2022-062
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2022-062
Parties Involved
Gordan Atwell and Ashley Van Der Meulen
Agency at Issue
Louisiana State Board of Home Inspectors
Decision Date
6/2/2023
Law
La. R.S. 42:1113B
La. R.S. 42:1111(C)(2)(d)
Caption
Gordon Atwell and Ashley van der Meulen, in their capacities as members of the Louisiana State Board of Home Inspectors violated La. R.S. 42:1111(C)(2)(d) and La. R.S. 42:1113B by receiving compensation for training persons regulated by their board and submitting applications to their board to be approved as trainers.
Ethics Subject Matters
Prohibited Sources
Prohibited Transactions
Outside Employment
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Ethics Board Docket No. 2022-062 <br />Page 6 of 12 <br />(1) Conducts operations or activities which are regulated by the public employee's agency. <br />2. <br />Section 1113B of the Ethics Code prohibits an appointed member of any board or <br />commission, member of his immediate family, or a legal entity in which he has a substantial <br />economic interest, from bidding on or entering into or being in any way interested in any contract, <br />subcontract, or other transaction which is under the supervision or jurisdiction of the agency of <br />such appointed member. Section 1113B of the Ethics Code provide in pertinent part: <br />§1113. Prohibited contractual arrangements; exceptions; reports <br />B. Other than a legislator, no appointed member of any board or commission, member of <br />his immediate family, or legal entity in which he has a substantial economic interest shall <br />bid on or enter into or be in any way interested in any contract, subcontract, or other <br />transaction which is under the supervision or jurisdiction of the agency of such appointed <br />member. <br />3. <br />The following terms are defined in Section 1102 of the Code and are relevant when <br />analyzing the above Sections: <br />(2)(a)(i) defines "agency," with respect to for public servants who are members or <br />employees of a board or commission or who provide staff assistance to a board or <br />commission, it shall mean the board or commission. <br />(11) defines "governing authority" to mean the body which exercises the legislative <br />functions of a political subdivision. <br />(18)(a) defines "public employee" to mean anyone, whether compensated or not, <br />who is (i) an administrative officer or official of a governmental entity who is not <br />filling an elective office (ii) appointed by any elected official when acting in an <br />official capacity, and the appointment is to a post or position wherein the appointee <br />is to serve the governmental entity or an agency thereof, either as a member of an <br />agency, or as an employee thereof (iii) engaged in the performance of a <br />governmental function (iv) under the supervision or authority of an elected official <br />or another employee of the governmental entity. <br />
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