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Mr. David Peralta <br /> December 23, 2013 <br /> Ethics Board Docket No. 2013-1677 <br /> Page 2 <br /> La. R.S.42:1119C(5)provides that La.R.S. 42:1119 shall not be construed to prohibit the <br /> reemployment of a retiree whose employment was allowed under the provisions of this <br /> Section on the date of his retirement. <br /> La. R.S. 42:1113A provides that no public servant, or member of such public servant's <br /> immediate family,or a legal entity in which he has a controlling interest,shall bid on or enter <br /> into any contract,subcontract or other transaction that is under the supervision or jurisdiction <br /> of the agency of such public servant. <br /> La. R.S. 42:1123(30) provides that a public servant, a legal entity in which he has a <br /> controlling interest, or a member of his immediate family may donate services, movable <br /> property, or funds to his agency. <br /> The questions posed by you are as follows: <br /> Question 1: Whether David Gorbaty may be employed with St. Bernard Parish while his son serves <br /> as a member of the St. Bernard Parish Council? <br /> The Board concluded, and instructed me to inform you,that La. R.S. 42:1119A and 1119B of the <br /> Code of Governmental Ethics would prohibit David Gorbaty from being employed with St.Bernard <br /> Parish as the Chief Administrative Officer while his son,Nathan Gorbaty,serves as a member of the <br /> St. Bernard Parish Council. See La. R.S. 42:1119A and 1119B above. <br /> Question 2: Whether La. R.S. 42:1119C(5) would allow the employment of David Gorbaty while <br /> his son serves as a member of the St. Bernard Parish Council? <br /> The Board concluded, and instructed me to inform you,that La. R.S. 42:1119C(5) of the Code of <br /> Governmental Ethics is not applicable in this situation. You stated that David Gorbaty is a retired <br /> Louisiana State Fourth Circuit Court of Appeals judge and served as a St.Bernard Parish police juror <br /> from the 1970's to the mid 1980's. La.R.S. 42:1119C(5)provides that La. R.S. 42:1119 shall not <br /> be construed to prohibit the reemployment of a retiree whose employment was allowed under the <br /> provisions of this Section on the date of his retirement.David Gorbaty is not a retiree of St.Bernard <br /> Parish. He left office in the mid 1980's. He may be a retiree of the Court of Appeal;however,that <br /> is not the agency with which he seeks reemployment. <br /> Question 3: Whether David Gorbaty may contract as an independent consultant/contractor with St. <br /> Bernard Parish while his son serves as a member of the St. Bernard Parish Council? <br /> The Board concluded, and instructed me to inform you, that La. R.S. 42:1113A of the Code of <br /> Governmental Ethics would prohibit David Gorbaty from contracting with or entering into any <br /> transactions with St.Bernard Parish to serve as an independent contractor/consultant for St.Bernard <br /> Parish while his son,Nathan Gorbaty, serves as a member of the St. Bernard Parish Council. See <br /> La.R.S.42:1113A above. Since Nathan Gorbaty's agency includes the entire political subdivision <br /> of St.Bernard Parish,which includes both the executive and legislative branches,David Gorbaty is <br />