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Ethics Board Docket No. 2023-012 <br /> Page 7 of 11 <br /> capacity, and the appointment is to a post or position wherein the appointee is to <br /> 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 /> (19) defines "public servant"to mean a public employee or elected official. <br /> (22)(a)defines"thing of economic value"to mean money or any other thing having <br /> economic value except promotional items having no substantial resale value. <br /> 4. <br /> The following provisions proscribe the penalties the Ethics Adjudicatory Board may assess <br /> if the Ethics Adjudicatory Board determines a violation of the Code of Governmental Ethics has <br /> occurred: <br /> §1153. Penalties <br /> B. 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 except <br /> violations of the Campaign Finance Disclosure Act which shall be governed by <br /> 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 <br /> of the public employee or other person, or impose a fine of not more than ten <br /> thousand dollars, or both. <br /> §1155. Penalties for illegal gain; forfeiture of gifts, payments <br /> A. If an investigation conducted pursuant to this Part reveals that any public <br /> servant or other person has violated any law within the jurisdiction of the Board of <br /> Ethics to his economic advantage, and after an adjudicatory hearing on the matter, <br /> 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 <br /> to exceed one half of the amount of the economic advantage. Any appeal of such <br /> final decision by the Ethics Adjudicatory Board shall be to the Court of Appeal, <br /> First Circuit, pursuant to R.S. 42:1142. <br />