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Ethics Board Docket No. 2023-996 <br /> Page 4 of 8 <br /> (ii) Appointed by any elected official when acting in an official capacity, and <br /> the appointment is to a post or position wherein the appointee is to serve the <br /> governmental entity or an agency thereof, either as a member of an agency, or <br /> 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 another <br /> employee of the governmental entity. <br /> (19)"Public servant"means a public employee or elected official. <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: (a)Is, or will <br /> be, the subject of action by the governmental entity. (b) Is one to which the <br /> governmental entity is or will be a party. (c)Is one in which the governmental entity <br /> has a direct interest. A transaction involving the agency of a governmental entity <br /> shall have the same meaning with respect to the agency. <br /> 10. <br /> The following provisions set forth the penalties the Ethics Adjudicatory Board may assess <br /> if the Ethics Adjudicatory Board determines a violation of the Ethics Code has occurred: <br /> §1153.Penalties <br /> B. Upon a determination that any public employee or other person has violated any <br /> provision of any law within the jurisdiction of the Board of Ethics except violations <br /> of the Campaign Finance Disclosure Act which shall be governed by Chapter 11 of <br /> Title 18 of the Louisiana Revised Statutes of 1950, the Ethics Adjudicatory Board <br /> may remove, suspend, or order a reduction in pay, or demotion of the public <br /> employee or other person, or impose a fine of not more than ten thousand dollars, <br /> or both. <br /> §1155.Penalties for illegal gain <br /> A. If an investigation conducted pursuant to this Part reveals that any public servant <br /> or other person has violated any law within the jurisdiction of the Board of Ethics <br /> to his economic advantage, and after an adjudicatory hearing on the matter, the <br /> Ethics Adjudicatary Board may order the payment of penalties. Recovery may <br /> include, in addition to an amount equal to such economic advantage, penalties not <br /> to exceed one half of the amount of the economic advantage. <br />