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2022-637
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2022-637
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Entry Properties
Last modified
4/1/2024 8:40:20 AM
Creation date
11/7/2023 9:36:57 AM
Metadata
2022-637
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2022-637
Parties Involved
William Stacy Yawn
George Truax, Sr.
Agency at Issue
Livingston Parish Drainage District No. 5 Board of Commissioners
Decision Date
11/3/2023
Law
La. R.S. 42:1112B(1)
Caption
William Stacy Yawn, in his capacity as an appointed member of the Livingston Parish Drainage District No. 5 Board of Commissioners, violated La. R.S. 42:1112B‎(1)‎ by participating in a transaction in which his father-in-law had a substantial economic interest.
Ethics Subject Matters
Participation
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Ethics Board Docket Nos. 2022-637 <br /> Page 4of9 <br /> (1)Any member of his immediate family. <br /> 2. <br /> The following terms in La.R.S.42:1102 of the Louisiana Code of Governmental Ethics are <br /> germane to analyzing the findings of fact and the applicable law. <br /> §1102. Definitions <br /> Unless the context clearly indicates otherwise,the following words and terms,when used in <br /> this Chapter, shall have the following meanings: <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 /> (13) defines "Immediate family" as the term relates to a public servant to mean his <br /> children,the spouses of his children,his brothers and their spouses, his sisters and <br /> their spouses, his parents, his spouse,and the parents of his spouse. <br /> (15)defines"Participate"to mean to take part in or to have responsibility for action <br /> of a governmental entity or proceeding, personally, as a public servant of the <br /> governmental entity,through approval,disapproval,decision,recommendation,the <br /> rendering of advice,investigation,or the failure to act or perform a duty. <br /> (18)(a) "Public employee" means anyone,whether compensated or not, who is: (I) <br /> An administrative officer or official of a governmental entity who is not filling an <br /> elective office. (ii) Appointed by any elected official when acting in an official <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 agency, <br /> or as an employee thereof. (iii) Engaged in the performance of a govermnental <br /> function. (iv) Under the supervision or authority of an elected official or another <br /> employee of the governmental entity <br /> (19) defines "Public servant" to mean a public employee or an elected official. <br /> (21) defines "Substantial economic interest" as an economic interest which is of <br /> greater benefit to the public servant or other person than to a general class or group <br /> of persons, except: (a)the interest that the public servant has in his position,office, <br /> rank,salary,per diem,or other matter arising solely from his public employment or <br /> office;(b)the that an elected official who is elected to a house,body,or authority has <br /> in a position or office of such house,body,or authority which is required to be filled <br />
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