Louisiana Ethics Administration Program
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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 4 of 9 <br /> 11. <br /> La. R.S. 42:1153(A)provides with respect to penalties: <br /> Upon a determination that any public employee or other person has violated <br /> any provision of any law within the jurisdiction of the Board of Ethics ... <br /> the Ethics Adjudicatory Board may remove, suspend, or order a reduction <br /> in pay, or demotion of the public employee or other person, or impose a <br /> fine of not more than ten thousand dollars, or both. <br /> La. R.S. 42:1155(A)provides with respect to penalties for elected officials: <br /> Upon determination that any elected official or other person has violated <br /> any provision of any law within the jurisdiction of the Board of Ethics . . . <br /> the Ethics Adjudicatory Board may censure the elected official or <br /> person,or impose a fine of not more than ten thousand dollars,or both. <br /> 12. <br /> The following terms are defined in Section 1102 of the Code and are relevant when <br /> analyzing the above Sections: <br /> (9) "Elected official"means any person holding an office in a governmental entity <br /> which is filled by the vote of the appropriate electorate. It shall also include any <br /> person appointed to fill a vacancy in such offices. <br /> (12) "Governmental entity" means the state or any political subdivision which <br /> employs the public employee or employed the former public employee or to which <br /> the elected official is elected, as the case may be. <br /> (19) defines "Public servant"to mean a public employee or an elected official. <br /> (22)(a) "Thing of economic value" means money or any other thing having <br /> economic value. <br />
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