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Last modified
7/12/2021 2:16:23 PM
Creation date
1/2/2014 8:46:47 AM
Metadata
2013-1677
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2013-1677
Requesting Party
David Peralta, St. Bernard Parish President
Parties Involved
David Gorbaty
St. Bernard Parish Council
St. Bernard Parish Police Jury
Louisiana Fourth Circuit Court of Appeal
Decision Date
12/20/2013
Law
R.S. 42:1119
R.S. 42:1102
R.S. 42:1113A
R.S. 42:1123(30)
Caption
Advisory opinion that the Code of Governmental Ethics prohibits the St. Bernard Parish President from hiring, as his Chief Administrative Officer, David Goberty, the father of a member of the St. Bernard Parish Council. The Code of Ethics prohibits David Goberty from contracting with or entering into any transactions with the Parish to serve as an independent contractor/consultant for the Parish while his son is a councilman for the Parish. However, the Code of Ethics does not prohibit David Goberty from donating his services to the Parish while his son is a councilman for the Parish as long as he is not appointed to the position of Chief Administrative Officer.
Ethics Subject Matters
Nepotism
Prohibited Transactions
Prohibited Contracts
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STATE OF LOUISIANA <br /> „1:'.F LWi;:s; DEPARTMENT OF STATE CIVIL SERVICE <br /> ;' �9y: LOUISIANA BOARD OF ETHICS <br /> 1 AO .1�- P.O.BOX 4368 <br /> i,,.4. BATON ROUGE, LA 70821 <br /> til.• (225)219-5600 <br /> .`..%:, ' FAX (225)381-7271 <br /> 1-800-842-6630 <br /> wwwethicsstatela.us <br /> December 23, 2013 <br /> Mr. David Peralta <br /> St. Bernard Parish President <br /> 8201 West Judge Perez Drive <br /> Chalmette, Louisiana 70043 <br /> Re: Ethics Board Docket No.2013-1677 <br /> Dear Mr. Peralta: <br /> The Louisiana Board of Ethics, at its December 20, 2013 meeting, considered your request for an <br /> advisory opinion as to whether you may hire David Gorbaty as your Chief Administrative Officer <br /> while his son,Nathan Gorbaty, serves as a member of the St. Bernard Parish Council. You stated <br /> that David Gorbaty is a retired Louisiana Fourth Circuit Court of Appeal judge and served as a <br /> member of the St.Bernard Parish Police Jury from the 1970's to the mid 1980's. In connection with <br /> your advisory opinion request,you have posed several questions regarding the potential employment <br /> of David Gorbaty. <br /> The following provisions of the Code of Governmental Ethics are pertinent to the issues raised by <br /> your questions. <br /> La.R.S.42:1119A provides that no member of the immediate family of an agency head shall <br /> be employed in his agency. <br /> La. R.S. 42:1119B(1)provides that no member of the immediate family of a member of a <br /> governing authority or the chief executive of a governmental entity shall be employed by the <br /> governmental entity. <br /> La. R.S. 42:1102(11) defines "governing authority" to mean the body which exercises the <br /> legislative functions of a political subdivision. <br /> La.R.S.42:1102(12)defines"governmental entity"as the state or any political subdivision <br /> which employs the public employee or employed the former public employee or to which the <br /> elected official is elected. <br /> La. R.S. 42:1102(2)(a)(vi) defines "agency" a department, office, division, agency, <br /> commission, board, committee, or other organizational unit of a governmental entity. "For <br /> public servants of political subdivisions"it shall mean the agency in which the public servant <br /> serves,except that for members of any governing authority and for the elected or appointed <br /> chief executive of a governmental entity, it shall mean the governmental entity. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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