Sections
Part I General Provisions 42:1101 – 42:1102
Part II Ethical Standards for Public Servants 42:1111 – 42:1125
Part II-A Unethical Election Practices 42:1130.1 – 42:1130.6
Part III Administration, Procedure and Enforcement 42:1132 – 42:1160
Part IV Miscellaneous Provisions 42:1161 – 42:1170
Part V Expungement 42:1191 – 42:1194

Terms Used In Louisiana Revised Statutes > Title 42 > Chapter 15 - Code of Governmental Ethics

  • Action of a governmental entity: means any action on the part of a governmental entity or agency thereof including, but not limited to:

                (a) Any decision, determination, finding, ruling, or order, including the judgment or verdict of a court or a quasi-judicial board, in which the governmental entity or any of its agencies has an interest, except in such matters involving criminal prosecutions. See Louisiana Revised Statutes 42:1102

  • Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. See Louisiana Revised Statutes 42:1102
  • Agency head: means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. See Louisiana Revised Statutes 42:1102
  • Aggrieved person: includes any person who:

                (a) Claims to have been injured by a discriminatory housing practice; or

                (b) Believes that he will be injured by a discriminatory housing practice that is about to occur. See Louisiana Revised Statutes 51:2603

  • Allegation: something that someone says happened.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Assist: means to act in such a way as to help, advise, furnish information to, or aid a person with the intent to assist such person. See Louisiana Revised Statutes 42:1102
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • average salary: as used in this Chapter for the purpose of determining pension payments and retirement is the average salary including any additional pay or salary provided by the legislature over and above that set by the Civil Service Commission, received for the year ending on the last day of the month immediately preceding the date of retirement or date of death or for any one-year period, whichever is the greatest. See Louisiana Revised Statutes 11:1310
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit rate: means the following percentages:

                (a) For new direct jobs created that pay at least eighteen dollars per hour, the benefit rate shall be four percent. See Louisiana Revised Statutes 51:2453

  • Board: means the Board of Ethics. See Louisiana Revised Statutes 42:1102
  • Board: means the board of commissioners of the Tri-Parish Juvenile Justice Commission. See Louisiana Revised Statutes 15:1096
  • Board: means the Louisiana State Police Retirement System Board. See Louisiana Revised Statutes 11:1301
  • bonds: means any bonds, notes, warrants, certificates of indebtedness, certificates of participation or other written contracts, agreements, or instruments evidencing the obligation of a governmental entity to repay borrowed money, regardless of the designation thereof. See Louisiana Revised Statutes 39:503
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commission: means the Tri-Parish Juvenile Justice Commission. See Louisiana Revised Statutes 15:1096
  • Compensation: means any thing of economic value which is paid, loaned, granted, given, donated, or transferred or to be paid, loaned, granted, given, donated, or transferred for or in consideration of personal services to any person. See Louisiana Revised Statutes 42:1102
  • Complainant: means that person who files a complaint pursuant to La. See Louisiana Revised Statutes 51:2603
  • Conciliation: means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the attorney general or his designee. See Louisiana Revised Statutes 51:2603
  • Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Louisiana Revised Statutes 51:2603
  • Consumer product: means any tangible personal property that is distributed in commerce and used for personal, family, or household purposes, including any property intended to be attached to or installed in any real property without regard to whether it is attached or installed. See Louisiana Revised Statutes 51:3261
  • Controlling interest: means any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity. See Louisiana Revised Statutes 42:1102
  • Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • Disability: means , with respect to a person:

                (i) A physical or mental impairment which substantially limits one or more of such person's major life activities. See Louisiana Revised Statutes 51:2603

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discriminatory housing practice: means an act that is unlawful pursuant to La. See Louisiana Revised Statutes 51:2603
  • District: means the Tri-Parish Juvenile Justice District. See Louisiana Revised Statutes 15:1096
  • District: means the Jefferson Parish Communication District as created by  Act No. See Louisiana Revised Statutes 33:9125
  • Docket: A log containing brief entries of court proceedings.
  • Dwelling: means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon at any such building, structure, or portion thereof. See Louisiana Revised Statutes 51:2603
  • Elected official: means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. See Louisiana Revised Statutes 42:1102
  • Employer: shall mean a legal person who executes a contract with the department pursuant to the provisions of this Chapter and who offers, or will offer within ninety days of the effective date of qualifying for the incentive rebates pursuant to the provisions of this Chapter, a basic health benefits plan to the individuals it employs in new direct jobs in this state which shall be determined by the Department of Economic Development to be in compliance with federally mandated healthcare requirements or, if no federally mandated healthcare requirements exist, shall be determined to have a value of at least one dollar and twenty-five cents per hour. See Louisiana Revised Statutes 51:2453
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Ethics body: means the Board of Ethics. See Louisiana Revised Statutes 42:1102
  • Exchange access facilities: means all lines, or their equivalent wireless service, provided for by the service supplier for the provision of local exchange service. See Louisiana Revised Statutes 33:9125
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Facility: means any juvenile detention facility, shelter care facility, or such other juvenile justice facility. See Louisiana Revised Statutes 15:1096
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Familial status: means one or more individuals, who have not attained the age of eighteen years, being domiciled with:

                (i) A parent or another person having legal custody of such individual or individuals; or

                (ii) The designee of such parent or other person having such custody, with the written permission of such parent or other person. See Louisiana Revised Statutes 51:2603

  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Fund: means the Louisiana State Police Retirement System Fund. See Louisiana Revised Statutes 11:1301
  • Fund the district: means pay the expenses necessary to carry out all purposes of the district, including but not limited to identification of all streets, roads, highways, and dwelling places in the district and to provide for other communication enhancements for public safety agencies to decrease response time and improve effectiveness. See Louisiana Revised Statutes 33:9125
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Governing authority: means the body which exercises the legislative functions of a political subdivision. See Louisiana Revised Statutes 42:1102
  • Governing authority: means the elected or appointed body that exercises the legislative functions of a parish, municipality, school board, school district, or other political subdivision, including:

                (a) A sheriff in the case of a law enforcement district. See Louisiana Revised Statutes 39:503

  • Governing authority: means the governing authority of a parish. See Louisiana Revised Statutes 15:1096
  • Governmental entity: means the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be. See Louisiana Revised Statutes 42:1102
  • Governmental entity: means any parish, municipality, school board, school district, or other political subdivision of the state, other than the city of New Orleans and its agencies, boards, authorities, and commissions, and other than the Sewerage and Water Board of New Orleans. See Louisiana Revised Statutes 39:503
  • Gross payroll: means wages for the new direct jobs as defined herein upon which the particular benefit rate is calculated. See Louisiana Revised Statutes 51:2453
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • High-volume third-party seller: means a participant on an online marketplace's platform who is a third-party seller and who has entered into two hundred or more discrete sales or transactions of new or unused consumer products in any twelve-month period during the previous twenty-four months, which result in an aggregate total of five thousand dollars or more in total gross revenue. See Louisiana Revised Statutes 51:3261
  • his agency: when used in reference to the agency of a public servant shall mean:

                (i) For public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities; except that in the case of the secretary, deputy secretary, or undersecretary of any such department and officials carrying out the responsibilities of such department officers it shall mean the department in which he serves; and except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission. See Louisiana Revised Statutes 42:1102

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Legislator: means any person holding office in the Senate or the House of Representatives of the Louisiana Legislature which is filled by the vote of the appropriate electorate. See Louisiana Revised Statutes 42:1102
  • New direct job: means employment in this state of an employee working at least the average hours per week provided for in La. See Louisiana Revised Statutes 51:2453
  • office: means the office of state police, Department of Public Safety. See Louisiana Revised Statutes 11:1301
  • Online marketplace: means any person or entity that operates a consumer-directed electronically based or accessed platform that meets all of the following criteria:

                (a) Has features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state. See Louisiana Revised Statutes 51:3261

  • Participate: means to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty. See Louisiana Revised Statutes 42:1102
  • Participating parish: means any parish which has entered into a participation agreement with the commission by which certain space within the facility is subleased to house juveniles from the participating parish. See Louisiana Revised Statutes 15:1096
  • past due support: means the amount of a delinquency, determined under a court order under state law for support and maintenance of a child, or of a child and the parent with whom the child is living. See Louisiana Revised Statutes 46:236.1.2
  • Person: means an individual or legal entity other than a governmental entity, or an agency thereof. See Louisiana Revised Statutes 42:1102
  • Person: includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. See Louisiana Revised Statutes 51:2603
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political subdivision: means any unit of local government, including a special district, authorized by law to perform governmental functions. See Louisiana Revised Statutes 42:1102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public employee: means anyone, whether compensated or not, who is:

                (i) An administrative officer or official of a governmental entity who is not filling an elective office. See Louisiana Revised Statutes 42:1102

  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public office: means any state, district, parish or municipal office, elective or appointive, or any position as member on a board or commission, elective or appointive, when the office or position is established by the constitution or laws of this state. See Louisiana Revised Statutes 42:1
  • Public safety agency: means law enforcement, fire, emergency medical services, and emergency preparedness services as designated by the parish of Jefferson. See Louisiana Revised Statutes 33:9125
  • Public servant: means a public employee or an elected official. See Louisiana Revised Statutes 42:1102
  • Recipient: means the person who has received assistance under this Title. See Louisiana Revised Statutes 46:1
  • Regulatory employee: means a public employee who performs the function of regulating, monitoring, or enforcing regulations of any agency. See Louisiana Revised Statutes 42:1102
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Respondent: means the person or other entity accused in a complaint of a discriminatory housing practice, or, any other person or entity identified in the course of an investigation and notified that they are a respondent who shall be joined in the complaint. See Louisiana Revised Statutes 51:2603
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Secretary: means the secretary of the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • Seller: means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace platform. See Louisiana Revised Statutes 51:3261
  • Service: means the performance of work, duties, or responsibilities, or the leasing, rental, or sale of movable or immovable property. See Louisiana Revised Statutes 42:1102
  • Service supplier: means any person providing any of the following:

    (a)  A landline exchange telephone service. See Louisiana Revised Statutes 33:9125

  • State: means the state of Louisiana. See Louisiana Revised Statutes 39:503
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantial economic interest: means an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except:

                (a) The interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office. See Louisiana Revised Statutes 42:1102

  • Summons: Another word for subpoena used by the criminal justice system.
  • System: means the Louisiana State Police Retirement System. See Louisiana Revised Statutes 11:1301
  • Tariff rate: means the rate or rates billed by a service supplier as stated in the landline exchange telephone service supplier's tariffs and approved by the Public Service Commission, which represent the service supplier's recurring charges for landline exchange access facilities, exclusive of all taxes, fees, licenses, or similar charges whatsoever. See Louisiana Revised Statutes 33:9125
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Thing of economic value: means money or any other thing having economic value, except promotional items having no substantial resale value; pharmaceutical samples, medical devices, medical foods, and infant formulas in compliance with the Food, Drug, and Cosmetic Act, 21 U. See Louisiana Revised Statutes 42:1102
  • Third-party seller: means any seller, independent of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in this state through an online marketplace. See Louisiana Revised Statutes 51:3261
  • Transaction involving the governmental entity: means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know:

                (a) Is, or will be, the subject of action by the governmental entity. See Louisiana Revised Statutes 42:1102

  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Verdict: The decision of a petit jury or a judge.
  • Verify: means to confirm information provided to an online marketplace pursuant to this Chapter, which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller's behalf, not misappropriated, and not falsified. See Louisiana Revised Statutes 51:3261
  • Wages: means all remuneration for services from whatever source, including commissions and bonuses and the cash value of all remuneration in any medium other than cash, and dismissal payments which the employer is required by law or contract to make. See Louisiana Revised Statutes 51:2453