2005-096
Created By: Sylvia Scott on 11/14/2006 at 03:34 PM
Category: Campaign Finance Rulings
Caption:
Dismissed Document:


LOUISIANA BOARD OF ETHICS
RE: In the Matter of Jared Beiriger OPINION NO.: 2005-096

The Louisiana Board of Ethics (the “Board”), at its October 12, 2006, meeting conducted a public hearing for the purpose of exploring the following:
CHARGES
I.
II.
That Jared Beiriger, in his capacity as an Ascension Parish Council, District 11, may have violated Section 1112B(1) of the Code of Governmental Ethics [LSA-R.S. 42:1112B(1)] by contacting the Director of the Ascension Parish Public Works Department concerning the necessity of having the parish dig a ditch on property owned by Mr. Beiriger’s brother, Jason Beiriger.

On the basis of the evidence presented to the Board during the public hearing and considering the oral arguments presented by counsel, and on the basis on the stipulation of facts entered into between counsel for the Board and counsel for the respondents, the Board now makes the following essential:
I.

FINDINGS OF FACT

1.

Jared Beiriger was a successful candidate for a seat on the Ascension Parish Council in the October 2003 election. Mr. Beiriger took office in January 2004.
2.
Clay Bercegeay was subpoenaed as a witness in this matter. Mr. Bercegeay was unable to attend the public hearing because he was in Texas for business. In his absence he submitted correspondence in which he stated the rallies were conducted.
3.
Mr. Beiriger filed his 30th day prior to the campaign finance disclosure report disclosing a payment to Mr. Bercegeay in connection with the “rallies.”
4.
Mr. Bill Roux, the Director of the Ascension Parish Public Works Department, stated that his duties as the Director of Public Works involved anything having to do with public works, including drainage, roads, building, planning and zoning issues.
5.
Mr. Roux testified that he did have a telephone conversation with Councilman Beiriger concerning the Parish’s usual procedure in connection with digging a drainage ditch.
6.
Mr. Beiriger had a right to call and ask about the general procedure.
II.

APPLICABLE LAW
LSA-R.S. 18:1505.1 states that failure to timely or properly file required campaign finance disclosure reports constitutes a violation of the Campaign Finance Disclosure Act.
1505.1. Failure to submit report; failure to file report timely or properly
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Section 1112B(1) of the Code of Governmental Ethics prohibits a public servant from participating in a transaction involving the governmental entity in which a member of her immediate family has a substantial economic interest. Section 1112B(1) provides as follows:
1112. Participation in certain transactions involving the governmental entity
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(1) Any member of his immediate family.
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1102. Definitions
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III.
OPINION
It is the opinion of the Board that the evidence presented at the hearing in this matter is insufficient to support a finding that Jared Beiriger violated Section 1505.1C of the Campaign Finance Disclosure Act. It is also the opinion of the Board that the evidence presented at the hearing in this matter is insufficient to support a find that Jared Beiriger violated Section 1112B(1) of the Code by contacting the Director of the Ascension Parish Public Works Department concerning the Parish’s general procedure in regards to digging a ditch.
IV.

ORDER

IT IS ORDERED that the charge issued against Jared Beiriger for a violation of Section 1505.1C of the Campaign Finance Disclosure Act be and is hereby dismissed.
IT IS FURTHER ORDERED that the charge issued against Jared Beiriger for a violation of Section 1112B(1) of the Code of Governmental Ethics be and is hereby dismissed.
By Order of the Board this 9th day of November 2006.



s/Robert L. Roland s/Hank Perret
Robert L. Roland, Chairman Henry C. Perret, Jr., Vice-Chairman

s/Dr. Herbert V. Baptiste, Sr. s/John W. Greene
Dr. Herbert V. Baptiste, Sr. Judge John W. Greene



s/E. L. Guidry, Jr. s/Gwendolyn P. Hamilton
Judge E. L. Guidry, Jr. Gwendolyn P. Hamilton



s/R. L. Hargrove, Jr. s/Michael T. Johnson
R. L. Hargrove, Jr. Michael T. Johnson



s/Joseph Maselli s/Ascension Delgado Smith
Joseph Maselli Ascension Delgado Smith



s/Dolores R. Spikes
Dr. Dolores Spikes
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