Terms Used In Louisiana Revised Statutes > Title 42 > Chapter 15 > Part II - Ethical Standards for Public Servants

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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
• Board: means the Board of Ethics. See Louisiana Revised Statutes 42:1102
• 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.
• 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
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Ethics body: means the Board of Ethics. See Louisiana Revised Statutes 42:1102
• 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.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing authority: means the body which exercises the legislative functions of a political subdivision. See Louisiana Revised Statutes 42:1102
• 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
• 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.
• 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

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual or legal entity other than a governmental entity, or an agency thereof. See Louisiana Revised Statutes 42:1102
• 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
• 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 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 servant: means a public employee or an elected official. See Louisiana Revised Statutes 42:1102
• 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
• 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 of process: The service of writs or summonses to the appropriate party.
• Statute: A law passed by a legislature.
• 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

• 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, Louisiana Revised Statutes 42:1102
• 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

• Trustee: A person or institution holding and administering property in trust.
• 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}
• Verdict: The decision of a petit jury or a judge.