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2019-852
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Entry Properties
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 5 of 9 <br /> (18)(a) "Public employee"means anyone, whether compensated or not, who is: <br /> (i) An administrative officer or official of a governmental entity who is not <br /> filling an elective office. <br /> (ii)Appointed by any elected official when acting in an official capacity, <br /> 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 <br /> an agency, or as an employee thereof. <br /> (iii)Engaged in the performance of a governmental function; <br /> (iv) Under the supervision or authority of an elected official or <br /> another employee of the governmental entity. <br /> (19) "Public servant'means, a public employee or an elected official. <br /> (2 1)"Substantial economic interest'means an economic interest which is of greater benefit <br /> to the public servant or other person than to a general class or group of persons, <br /> (22)(a) "Thing of economic value" means money or any other thing having <br /> economic value. <br /> (23) "Transaction involving the governmental entity" means any proceeding, <br /> application,submission,request for a ruling or other determination,contract,claim, <br /> case, or other such particular matter which the public servant or former public <br /> servant of the governmental entity in question knows or should know: <br /> (a)Is, or will be, the subject of action by the governmental entity. <br /> (b) Is one to which the governmental entity is or will be a party. <br /> (c)Is one in which the governmental entity has a direct interest. <br /> 13. <br /> La. R.S. 42:1153(B)provides with respect to penalties: <br /> Upon a determination that any public employee or other person has violated <br /> any provision of any law within the jurisdiction of the Board of Ethics ... <br /> the Ethics Adjudicatory Board may remove, suspend, or order a reduction <br /> in pay,or demotion of the public employee or other person,or impose a fine <br /> of not more than ten thousand dollars, or both. <br />
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