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2019-852
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Last modified
3/6/2024 10:32:34 AM
Creation date
1/9/2024 2:06:07 PM
Metadata
2019-852
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2019-852
Parties Involved
In the matter of Jacolby Octave
Agency at Issue
Vacherie Volunteer Fire Department
Decision Date
1/5/2024
Law
1111A(1)
1112A
Caption
A consent opinion that Jacolby Octave, in his capacity as a member of the Vacherie Volunteer Fire Department No. 1 Board, violated La. R.S. 42:1111A and 1112A by his receipt of payments from the Board he was not duly entitled to receive for the performance of his job duties as a member of the Board and his participation in transactions involving the Board in which he had a substantial economic interest.
Ethics Subject Matters
Participation
Payment - Not Duly Entitled
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Ethics Board Docket No. 2019-852 <br /> Page 4 of 9 <br /> IV. <br /> PROVISIONS OF LAW: <br /> 10. <br /> La. R.S. 42:11 l 1(A)(1)(a) provides that no public servant shall receive anything of <br /> economic value, other than the compensation and benefits from the governmental entity to which <br /> she is duly entitled, for the performance of the duties and responsibilities of her office or position. <br /> 11. <br /> La. R.S. 42:1112A states that no public servant shall participate in a transaction in which <br /> he has a personal substantial economic interest of which he may be reasonably expected to know <br /> involving the governmental entity. <br /> 12. <br /> The following terrns are defined in Section 1102 of the Code and are relevant when <br /> analyzing the above Sections: <br /> (2)(a) "Agency" means a department, office, division, agency, commission, board, <br /> committee, or other organizational unit of a governmental entity. For purposes of <br /> this Chapter, "agency of the public servant" and "his agency" when used in <br /> reference to the agency of a public servant shall mean: (vi) For public servants of <br /> political subdivisions, it shall mean the agency in which the public servant serves, <br /> except that for members of any governing authority and for the elected or appointed <br /> chief executive of a governmental entity, it shall mean the governmental entity. <br /> Public servants of political subdivisions shall include, but shall not be limited to, <br /> elected officials and public employees of municipalities, parishes, and other <br /> political subdivisions <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 /> (15) "Participate" means to take part in or to have or share responsibility for action <br /> of a governmental entity or a 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 />
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