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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 />