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Last modified
6/4/2025 9:54:32 AM
Creation date
3/11/2025 9:18:14 AM
Metadata
2020-622
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2020-622
Parties Involved
Robert Berry
Agency at Issue
Cypress-Black Bayou Recreation and Water Conservation District
Decision Date
3/7/2025
Law
La. R.S. 42:1113B
La. R.S. 42:1112A
Caption
A consent opinion that Robert Berry, while serving as an appointed board member of the Cypress-Black Bayou Recreation and Water Conservation District, violated La. R.S. 42:1113B and La. R.S. 42:1112A by virtue of entering into and participating in transactions in which he has a substantial economic interest involving his employment as the Executive Director of the Cypress-Black Bayou Recreation and Water Conservation District.
Ethics Subject Matters
Prohibited Transactions
Participation
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10. <br /> If called to testify, Robert Berry will state that he did not intend to violate the Code <br /> of Governmental Ethics and that he relied upon advice from the Water District's attorney, <br /> including a written opinion to the Water District's Board from the Board's attorney. <br /> IV. <br /> PROVISIONS OF LAW: <br /> 1. <br /> La. R.S. 42:1113B prohibits an appointed member of any board or commission, <br /> member of his immediate family, or a legal entity in which he has a substantial <br /> economic interest, from bidding on or entering into in any contract, subcontract, or <br /> other transaction which is under the supervision or jurisdiction of the agency of such <br /> appointed member. <br /> La. R.S. 42:1112A prohibits a public servant from participating in a transaction in <br /> which he has a personal substantial economic interest of which he may be reasonably <br /> expected to know involving the governmental entity. <br /> La. R.S. 42:1153B Upon a determination that any public employee or other person <br /> has violated any provision of any law within the jurisdiction of the Board of Ethics <br /> except 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 /> La. R.S. 42:1155A provides that if an investigation conducted pursuant to this Part <br /> reveals that any public servant or other person has violated any law within the <br /> jurisdiction of the Board of Ethics to his economic advantage, and after an <br /> adjudicatory hearing on the matter, the Ethics Adjudicatory Board may order the <br /> payment of penalties. Recovery may include, in addition to an amount equal to such <br /> economic advantage, penalties not to exceed one half of the amount of the economic <br /> advantage. <br /> La.R.S.42:1102. Definitions <br /> Unless the context clearly indicates otherwise, the following words and terms, when <br /> used in this Chapter, shall have the following meanings: <br /> 5 <br />
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