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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 RECD <br /> SEP 8'23 AM10:29 <br /> IV. <br /> PROVISIONS OF LAW: <br /> The following provisions of the Louisiana Code of Governmental Ethics are implicated by <br /> the alleged facts stated herein: <br /> (a) La. R.S. 42:1102 (2)(a)(i) defines "ate" to mean a department, office, division, <br /> agency, commission, board, committee, or other organizational unit of a governmental <br /> entity. (vi) For public servants of political subdivisions, it shall mean the agency in which <br /> the public servant serves, except that for members of any governing authority and for the <br /> elected or appointed chief executive of a governmental entity, it shall mean the <br /> governmental entity. Public servants of political subdivisions shall include, but shall not <br /> be limited to, elected officials and public employees of municipalities, parishes, and other <br /> political subdivisions; sheriffs and their employees; district attorneys and their employees; <br /> coroners and their employees; and clerks of court and their employees. <br /> (b)La.R.S.42:1102(12)"governmental entity"means the state or any political subdivision <br /> which 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 /> (c) La. R.S. 42:1102(18) defines "public employee" to mean anyone, whether <br /> compensated or not,who is(i)an administrative officer or official of a governmental entity <br /> who is not filling an elective office. (ii)appointed by any elected official when acting in an <br /> official 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, or as <br /> an employee thereof. (iii) engaged in the performance of a governmental function. (iv) <br /> under the supervision or authority of an elected official or another employee of the <br /> governmental entity. <br /> (d)La.R.S. 42:1102(19) defines "public servant" to mean a public employee or an elected <br /> official. <br /> (e) La. R.S. 42:1102(23) defines "transaction involving the governmental entity" to mean <br /> any proceeding, application, submission, request for a ruling or other determination, <br /> contract, claim, case, or other such particular matter which the public servant or former <br /> public servant of the governmental entity in question knows or should know: (a) Is,or will <br /> be,the subject of action by the governmental entity. (b) Is one to which the governmental <br /> entity is or will be a party. (c) Is one in which the governmental entity has a direct interest. <br /> (f) La. R.S. 42:1113A prohibits a public servant, excluding any legislator and any <br /> appointed member of any board or commission and any member of a governing authority <br /> of a parish with a population of ten thousand or less, or member of such a public servant's <br /> Page 4 of 9 <br />
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