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2013-1677
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2013-1677
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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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Mr. David Peralta <br /> December 23, 2013 <br /> Ethics Board Docket No. 2013-1677 <br /> Page 3 <br /> prohibited from contracting with or entering into any transaction with St.Bernard Parish to serve as <br /> an independent contractor/consultant. <br /> Question 4: Whether David Gorbaty may volunteer his time and serve as an uncompensated Chief <br /> Administrative Officer? <br /> The Board concluded,and instructed me to inform you,that the Code of Governmental Ethics would <br /> not prohibit David Gorbaty from donating his services to St.Bernard Parish while his son serves as <br /> a member of the St. Bernard Parish Council as long as his provision of services as the Chief <br /> Administrative Officer is not an appointment to the position of Chief Administrative Officer <br /> irrespective of compensation. See La. R.S. 42:1123(30)and La. R.S. 42:1113A. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Ethics. The Board <br /> issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics. If <br /> you have any questions,please contact me at(800) 842-6630 or(225)219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> 1 ' 1116A- - <br /> racy . B: ker <br /> For the ; .. d <br />
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