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2012-880
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2012-880
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Entry Properties
Last modified
7/12/2021 11:12:05 AM
Creation date
2/2/2017 8:49:33 AM
Metadata
2012-880
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2012-880
Parties Involved
Intercoastal Redi-Mix, LLC
Michael Loupe
Agency at Issue
City of Morgan City
Decision Date
12/16/2016
Law
42:1111C(2)(d)
Caption
Consent order in which Intercoastal Redi-Mix agrees that it violated La. R.S. 42:1111Cā(2)āā(d)ā by providing cement products to contractors of the City of Morgan City, which were used on the city's projects, when MIcahel Loupe served as the Morgan City Director of Public Works.
Ethics Subject Matters
Outside Employment
Public Employee - Definition
Prohibited Contracts
Prohibited Sources
Prohibited Transactions
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12. <br /> La. R.S.42:1115 provides that no public employee shall solicit or accept, directly or indirectly, <br /> any thing of economic value as a gift or gratuity from any person or from any officer, director, agent,or <br /> employee of such person, if such public servant knows or reasonably should know that such person: <br /> A(1) has or is seeking to obtain contractual or other business or financial relationships with the public <br /> servant's agency, B(1)conducts operations or activities which are regulated by the public employee's <br /> agency,or B(2) has substantial economic interests which may be substantially affected by the <br /> performance or nonperformance of the public employee's official duty. <br /> 13. <br /> La. R.S.42:1113A(1)(a) provides that no public servant, member of his immediate family or legal <br /> entity in which he has a controlling interest shall bid on or enter into any contract, subcontract,or other <br /> transaction that is under the supervision or jurisdiction of the agency of such public servant. <br /> 14. <br /> La. R.S.42:1102(8) defines"controlling interest"to mean any ownership in any legal entity held <br /> by or on behalf of an individual or a member of his immediate family,either individually or collectively, <br /> which exceeds 25%. "Immediate family" is defined in 42:1102(13)to include the spouse and children of <br /> a public servant. <br /> 15. <br /> The Ethics Board and Intercoastal enter into this consent agreement to resolve all the charges <br /> brought by the Ethics Board against the respondents on July 18, 2013 in the aforementioned docket. <br /> The charges against Michael Loupe are hereby dismissed. <br /> 16. <br /> As evidenced by the signature below, Intercoastal Redi-Mix, LLC knowingly and of its own free <br /> will (a) agrees that the violations are factually supported by the stated facts herein; (b) agrees that it <br /> violated La: R.S. 1111C(2)(d); (c) acknowledges that upon the signatures being affixed to this consent <br /> decree,this document will be available to the public as a public record; (d) agrees that this order and <br /> decree is final,waives its right of appeal, or to otherwise seek a return of the payment of the penalty; <br /> and, (e)agrees to pay the penalty assessed herein and otherwise to comply with any other term or <br /> condition in the following order and decree. <br />
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