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2016-484 (3)
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2016-484 (3)
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Last modified
7/12/2021 10:21:16 AM
Creation date
7/24/2018 3:05:02 PM
Metadata
2016-484 (3)
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2016-484
Parties Involved
Aaron Bufkin
Agency at Issue
Town of Plain Dealing
Decision Date
7/20/2018
Law
42:1117.1
42:1113A(1)(a)
Caption
Consent order in which Aaron Bufkin agrees that he violated La. R.S. 42:1117.1 by allowing the purchase of a 1979 Sutphen fire truck in his name from the Town of Plain Dealing and then physically transferring it to Custom Herbicides, Inc., a company owned by the sons of the Mayor of the Town of Plain Dealing, in order to circumvent La. R.S. 42:1113A(1)(a).
Ethics Subject Matters
Prohibited Contracts
Gifts
Donations
Payment from Third Parties
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• • <br /> VI. <br /> La. R.S. 42:1113A(1)(a) prohibits a public servant, or member of such a public servant's <br /> immediate family, or legal entity in which he has a controlling interest from bidding on or <br /> entering into any contract, subcontract, or other transaction that is under the supervision or <br /> jurisdiction of the agency of such public servant. <br /> VII. <br /> La. R.S. 42:1117.1 provides that no public servant or other person shall transfer any thing <br /> of economic value or any asset, interest, or liability to any person or governmental entity for the <br /> purpose of circumventing any provision of this Chapter, unless such transfer is irrevocable. A <br /> transfer shall not be irrevocable if there exists any contract, letter, counter letter, trust, note, or <br /> any other legally enforceable agreement or authority which if exercised or enforced would <br /> require or authorize any asset, interest, or liability transferred by the public servant or other <br /> person to revert back to such public servant or other person. <br /> VIII. <br /> La. R.S. 42:1153 provides with respect to penalties: <br /> B. Upon finding that any public employee or other person has <br /> violated any provision of any law within the jurisdiction of the board . . ., <br /> the board by a majority vote of the membership, may remove, suspend, or <br /> order a reduction in pay. or demotion of the public employee or other <br /> person, orimpose a fine of not more than ten thousand dollars, or both. <br /> La. R.S. 42:1155 provides with respect to penalties: <br /> A. If an investigation pursuant to R.S. 42:1141 reveals that any public <br /> servant or other person has violated any law within the jurisdiction of the <br /> board to his economic advantage, the board may order the payment of <br /> 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 <br /> economic advantage. . . <br /> Page 2 of 6 <br />
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