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Louisiana Villanueva v. Comm'n on Ethics for Pub. Employees, 812 So.2d 1, 5–6 (La. Ct. App.1999)
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other
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law enforcement agencies?
There does not need to be an actual conflict of interest, only the appearance of one
Furthermore, the mere fact that there is no evidence indicating that Mr. Villanueva attempted to use his influence to obtain the permit or refused to enforce the law with respect
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to Dauvill, or that his officers ever attempted to refrain from inspection duties out of loyalty to their Chief does not preclude a finding of a violation of § 1112B. It is well settled that the Ethics Code is not a criminal statute whose aim is the punishment of persons guilty of public wrongdoing. Rather, its purpose is to prevent public officers and employees from becoming involved in conflicts of interest situations by prohibiting public servants from engaging in certain conduct. Bankston v. Board of Ethics for Elected Officials, 98–0189, p. 1 (La.6/22/98); 715 So.2d 1181, 1181–1182.  The Code prohibits not only actual conflicts of interest, but also guards against the appearance of impropriety, and prevents situations which create the perception of conflicts of interest. Id. at p. 9; 1187; Fulda v. Louisiana Office of Public Health, 96–0647, p. 2 (La.5/10/96); 673 So.2d 201, 202; In Re Beychok, 495 So.2d 1278, 1281 (La.1986); *6 In re Marceaux, 96–1215, p. 4 (La.App. 1 Cir. 2/14/97); 689 So.2d 670, 673. In Glazer v. Commission on Ethics for Public Employees, 431 So.2d 752, 756 (La.1983), the court explained:A conflict of interest is a situation which would require an official to serve two masters, presenting a potential, rather than an actuality, of wrongdoing. The wrongdoing does not have to occur in order for a prohibited conflict to exist. A public official may have done no wrong in the ordinary sense of the word, but a conflict of interest may put him in danger of doing wrong.... The Code is aimed at avoiding even this danger. (Citation omitted) Villanueva v. Comm'n on Ethics for Pub. Employees, 812 So.2d 1, 5–6 (La. Ct. App.1999)
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