| Advisory opinion request by Dr. Edgar L. Chase, III, Chairman of the New Orleans Employees Retirement System (NOMERS),whether Beverly Gariepy, Courtney Bagneris, Lisa Hudson, and Jesse Evans, Jr. may participate in votes or other matters relating to litigation against the City of New Orleans in executive sessions of the NOMERS. |
|
The petition in Jerome Davis v. The City of New Orleans, No. 11-332, Civil District Court for the Parish of Orleans was initially brought by a former board member of NOMERS, Jerome Davis, while he served on the board. A civil action was filed against the City of New Orleans for its failure to pay the required employer pension contributions. As a result of their employment positions, Beverly Gariepy and Lisa Hudson are required to be board members of NOMERS according to City of New Orleans Code of Ordinances. Board members of NOMERS are not compensated for their service on the board, but they are reimbursed for expenses related to any travel related to conference attendance.
Beverly Gariepy serves as a board member of NOMERS and is employed as the Director of the City of New Orleans' Finance Department. In her role as a member of the Finance Department, she has been asked by the City to provide documents and research for the City's defense of the litigation. She regularly communicates with the City's attorney regarding the litigation, and the City's attorney has indicated that she believes those conversations are privileged attorney-client communications.
Courtney Bagneris serves as a board member of NOMERS and is employed by the City of New Orleans' Chief Administrative Office. Her immediate supervisor has been engaged by the City to assist in the defense of the litigation. Ms. Bagneris is not expected to have a role in the City's defense of the litigation or to discuss the litigation with the City's attorney.
Lisa Hudson serves as a board member of NOMERS and is employed by the City of New Orleans' Civil Service Department as Personnel Director. Neither she nor her department are expected to play any role in the City's defense of the litigation. She is not expected to have any discussions with the City's attorney regarding the litigation.
Jesse Evans is the Administrative Director of NOMERS. He regularly attends and contributes to NOMERS' board meetings, although he is not a board member. He is hired by and reports to the NOMERS' board, but he is compensated by the City of New Orleans and regularly communicates with City employees regarding NOMERS' business, including with the City's legal department.
|
|
La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
La. R.S. 42:1112B(3) prohibits a public servant from participating in transactions involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Brett Robinson |
|
|