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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 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 />
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