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Ar = STATE OF LOUISIANA <br /> . ' DEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> m dhh ���IIII T- <br /> 0111�,�; I P.O. BOX 4368 <br /> A <br /> BATON ROUGE, LA 70821 <br /> °N• ' ,,. (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> wwwethics.la.gov <br /> November 20, 2017 <br /> Dr. Edgar L. Chase, III, Chairman <br /> New Orleans Municipal Employment Retirement System <br /> 1300 Perdido Street, Suite 1E12 <br /> New Orleans, Louisiana 70112 <br /> Re: Louisiana Board of Ethics Docket No. 2017-1098 <br /> Dear Dr. Chase: <br /> The Louisiana Board of Ethics, at its November 17, 2017 Board meeting, considered your request <br /> for an advisory opinion regarding whether Beverly Gariepy, Courtney Bagneris, Lisa Hudson, and <br /> Jesse Evans,Jr.may participate in votes or other matters relating to litigation against the City of New <br /> Orleans in executive sessions of the New Orleans Municipal Employment Retirement System <br /> (NOMERS). The petition in Jerome Davis v. The City of New Orleans,No. 11-332, Civil District <br /> Court for the Parish of Orleans was initially brought by a former board member of NOMERS, <br /> Jerome Davis,while he served on the board. This action was filed against the City of New Orleans <br /> for its failure to pay the required employer pension contributions. As a result of their employment <br /> positions Beverly Gariepy and Lisa Hudson are required to be board members of NOMERS <br /> according to the Code of Ordinances for the City of New Orleans.Board members of NOMERS are <br /> not compensated for their service on the board,but they are reimbursed for expenses related to any <br /> travel related to conference attendance. <br /> Beverly Gariepy serves as a board member of NOMERS and is employed as the Director of the City <br /> of New Orleans' Finance Department. In her role as a member of the Finance Department, she has <br /> been asked by the City to provide documents and research for the City's defense of the litigation. She <br /> regularly communicates with the City's attorney regarding the litigation,and the City's attorney has <br /> indicated that she believes those conversations are privileged attorney-client communications. <br /> Courtney Bagneris serves as a board member of NOMERS and is employed by the City of New <br /> Orleans' Chief Administrative Office. Her immediate supervisor has been engaged by the City to <br /> assist in the defense of the litigation. Ms. Bagneris is not expected to have a role in the City's <br /> defense of the litigation or to discuss the litigation with the City's attorney. <br /> Lisa Hudson serves as a board member of NOMERS and is employed by the City of New Orleans' <br /> Civil Service Department as Director of Personnel.Neither she nor her department are expected to <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />