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Last modified
5/24/2024 9:06:58 AM
Creation date
4/16/2024 4:05:36 PM
Metadata
2017-1404
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2017-1404
Parties Involved
Brian Pope
Agency at Issue
The Lafayette City Marshal's Office
Decision Date
4/5/2024
Law
La. R.S. 42:1111A(1)(a)
La. R.S. 42:1112A
Caption
A consent opinion that Brian Pope, as the Lafayette City Marshal, violated La. R.S. 42:1111A by receiving compensation from Lafayette City Court and the City Marshal’s Office, which he was not duly entitled to receive for the performance of his job duties, and violated La. R.S. 42:1112A by instructing staff of the City Marshal’s Office to issue supplemental compensation checks to him.
Ethics Subject Matters
Payment - Not Duly Entitled
Participation
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J 524, <br /> Ethics Board Docket No. 2017-1404 <br /> Page 5 of 10 <br /> §1111. Payment from nonpublic sources <br /> A. Payments for services to the governmental entity <br /> (1)(a)No public servant shall receive anything of economic value,other than compensation <br /> and benefits from the governmental entity to which he is duly entitled,for the performance <br /> of the duties and responsibilities of his office or position. <br /> 2. <br /> Section 1112A of the Ethics Code prohibits a public servant from participating in a <br /> transaction involving his governmental entity in which he has a substantial economic interest. <br /> Section 1112A of the Ethics Code provides in pertinent part: <br /> §1112. Participation in certain transactions involving the governmental entity <br /> A.No public servant,except as provided in R.S. 42:1120, shall participate in a transaction <br /> in which he has a personal substantial economic interest of which he may be reasonably <br /> expected to know involving the governmental entity. <br /> 3. <br /> The following terms are defined in Section 1102 of the Code and are relevant when <br /> analyzing the above Sections: <br /> (2)(a)(vi)defines"agency,"with respect to public servants of political subdivisions, <br /> to mean the agency in which the public servant serves, except that for members of <br /> any governing authority and for the elected or appointed chief executive of a <br /> governmental entity, it shall mean the governmental entity. Public servants of <br /> political subdivisions shall include,but shall not be limited to, elected officials and <br /> public employees of municipalities, parishes, and other political subdivisions; <br /> sheriffs and their employees; district attorneys and their employees; coroners and <br /> their employees; and clerks of court and their employees. <br /> (9) defines "Elected official" to mean any person holding an office in a <br /> governmental entity which is filled by the vote of the appropriate electorate. It shall <br /> also include any person appointed to fill a vacancy in such offices. <br /> (12)defines"governing entity"to mean the state or any political subdivision which <br />
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