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2023-012
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Entry Properties
Last modified
10/15/2024 2:42:09 PM
Creation date
10/3/2024 10:33:08 AM
Metadata
2023-012
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2023-012
Parties Involved
Gerald Gerdes
Optometry Association of Louisiana
Agency at Issue
Louisiana State Board of Optometry Examiners
Decision Date
9/6/2024
Law
La. R.S. 42:1111C(2)(d)
Caption
A consent opinion that Dr. Gerald Gerdes, in his capacity as a member of the Louisiana State Board of Optometry Examiners, violated La. R.S. 42:1111Cā(2)āā(d)ā by virtue of his receipt of compensation for services rendered to Optometry Association of Louisiana while it had or was seeking to have contractual, financial or business relationships with the Louisiana State Board of Optometry Examiners.
Ethics Subject Matters
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Ethics Board Docket No. 2023-012 <br /> Page 6 of 11 <br /> owns an interest in excess of twenty-five percent, shall receive any thing of economic value <br /> for or in consideration of services rendered, or to be rendered, to or for any person during <br /> his public service unless such services are: <br /> (d)Neither performed for nor compensated by any person from whom such public servant <br /> would be prohibited by R.S. 42:1115(A)(1) or(B) from receiving a gift. <br /> §1115. Gifts <br /> A. No public servant shall solicit or accept, directly or indirectly, any thing of economic <br /> value as a gift or gratuity from any person or from any officer, director, agent,or employee <br /> of such person, if such public servant knows or reasonably should know that such person: <br /> (1) Has or is seeking to obtain contractual or other business or financial relationships with <br /> the public servant's agency <br /> 2. <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," for a public servant in the twenty principal departments <br /> of the executive branch of state government,the office in which such public servant <br /> carries out his primary responsibilities; except that in the case of the secretary, <br /> deputy secretary, or undersecretary of any such department and officials carrying <br /> out the responsibilities of such department officers it shall mean the department in <br /> which he serves. <br /> (11)defines"governing authority"to mean the body which exercises the legislative <br /> functions of a political subdivision. <br /> (12) defines "governmental entity" to mean the state or any political subdivision <br /> which employs the public employee or employed the former public employee or to <br /> which the elected official is elected, as the case may be. <br /> (16) defines "person" to mean an individual or legal entity other than a <br /> governmental entity, or an agency thereof. <br /> (18) defines"public employee"to mean anyone, whether compensated or not, who <br /> is (i)an administrative officer or official of a governmental entity who is not filling <br /> an elective office; (ii) appointed by any elected official when acting in an official <br />
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