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Entry Properties
Last modified
4/1/2024 8:40:06 AM
Creation date
11/7/2023 9:56:48 AM
Metadata
2022-563
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2022-563
Parties Involved
Charles Wise and Charles Wise DBA Elegant Landscaping
Agency at Issue
Washington Parish Fire Protection District #7
Decision Date
11/3/2023
Law
La. R.S. 42:1113A
Caption
Charles Wise d/b/a Elegant Landscaping violated La. R.S. 42:1113A by providing lawn care and landscaping services to the Washington Parish Fire Protection District #7 while Charles Wise was a firefighter for the Fire Protection District.
Ethics Subject Matters
Prohibited Transactions
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ETHICS BOARD REC'D <br /> SEP 8'23 Hm10:29 <br /> immediate family,or legal entity in which he has a controlling interest shall bid on or enter <br /> into any contract, subcontract, or other transaction that is under the supervision or <br /> jurisdiction of the agency of such public servant. <br /> (g) La. R.S. 42:1153B provides that upon a determination that any public employee or <br /> other person has violated any provision of any law within the jurisdiction of the Board of <br /> Ethics except violations of the Campaign Finance Disclosure Act which shall be governed <br /> by Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the Ethics <br /> Adjudicatory Board may remove, suspend, or order a reduction in pay, or demotion of the <br /> public employee or other person, or impose a fine of not more than ten thousand dollars, <br /> or both. <br /> (h) La. R.S. 42:1155A provides that if an investigation conducted pursuant to this Part <br /> reveals that any public servant or other person has violated any law within the jurisdiction <br /> of the Board of Ethics to his economic advantage, and after an adjudicatory hearing on the <br /> matter, the Ethics Adjudicatory Board may order the payment of penalties. Recovery may <br /> include,in addition to an amount equal to such economic advantage,penalties not to exceed <br /> one half of the amount of the economic advantage. Any appeal of such final decision by <br /> the Ethics Adjudicatory Board shall be to the Court of Appeal, First Circuit, pursuant to <br /> R.S. 42:1142. <br /> V. <br /> OPINION: <br /> It is the opinion of the BOE that Charles Wise and Charles Wise d/b/a Elegant Landscaping, <br /> while serving as part-time firefighter of the Washington Parish Fire Protection District#7,violated <br /> La.R.S.42:1113A,which prohibits a public servant from bidding on or entering into any contracts, <br /> subcontracts or other transactions under the supervision or jurisdiction of his agency. As a part- <br /> time firefighter and appointed member of the Washington Parish Fire Protection District #7, <br /> Charles Wise was a public employee and public servant as defined by La. R.S. 42:1102(18) and <br /> (19). Mr. Wise's agency was the Washington Parish Fire Protection District#7 as defined by La. <br /> R.S. 42:1102(12). As such, Mr. Wise and Mr. Wise d/b/a Elegant Landscaping was prohibited <br /> from entering into transactions under the supervision or jurisdiction of the Washington Parish Fire <br /> Protection District 47 while employed as a part-time firefighter. Mr. Wise and Mr. Wise d/b/a <br /> Elegant Landscaping violated La. R.S. 42:1113A, between May 7, 2019 through September 19, <br /> Page 5 of 9 <br />
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