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Advisory opinion regarding whether David Gorbaty may accept the position of Chief Administrative Officer of St. Bernard Parish while his son, Nathan Gorbaty, serves as a member of the St. Bernard Parish Council. |
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Nathan Gorbaty is a member of the St. Bernard Parish Council. David Peralta, the St. Bernard Parish President, would like to hire David Gorbaty, Nathan Gorbaty's father, as his Chief Administrative Officer. Mr. Peralta poses several questions regarding the potential employment of Mr. Gorbaty.
Question 1: Whether David Gorbaty may be employed with St. Bernard Parish while his son serves as a member of the St. Bernard Parish Council?
Question 2: Whether La. R.S. 42:1119C(5) would allow the employment of David Gorbaty while his son serves as a member of the St. Bernard Parish Council?
Question 3: Whether David Gorbaty may contract as an independent consultant/contractor with St. Bernard Parish while his son serves as a member of the St. Bernard Parish Council?
Question 4: Whether David Gorbaty may volunteer his time and serve as an uncompensated Chief Administrative Officer?
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La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1119B(1) states that no member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity.
La. R.S. 42:1102(11) defines "governing authority" to mean the body which exercises the legislative functions of a political subdivision.
La. R.S. 42:1102(12) defines "governmental entity" as the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected.
La. R.S. 42:1102(2)(a)(vi) defines "agency" a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "For public servants of political subdivisions" it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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