HLS 10RS-1097 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1202
BY REPRESENTATIVE GALLOT
ETHICS/CODE: Provides relative to appeals of decisions enforcing laws within the
jurisdiction of the Board of Ethics
AN ACT1
To enact R.S. 42:1142(F), relative to enforcement of laws within the jurisdiction of the2
Board of Ethics; to provide relative to decisions concerning such enforcement; to3
provide for appeal by the Board of Ethics of decisions of the Ethics Adjudicatory4
Board; to provide for the scope of review of such appeals; to provide that the Board5
of Ethics shall be responsible for the payment of the reasonable attorney fees and6
court costs of the other party for such appeals under certain circumstances; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 42:1142(F) is hereby enacted to read as follows: 10
§1142. Appeals11
* * *12
F.(1) The Board of Ethics may appeal a final decision of the Ethics13
Adjudicatory Board on a question of law to the Court of Appeal, First Circuit, if14
application to the adjudicatory board is made within thirty days after the decision of15
the adjudicatory board becomes final.16
(2) If the Board of Ethics appeals a final decision of the Ethics Adjudicatory17
Board and does not prevail in the final disposition of the appeal, the Board of Ethics18
shall be responsible for the payment of the reasonable attorney fees and court costs19
of the other party.20 HLS 10RS-1097 ORIGINAL
HB NO. 1202
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Gallot HB No. 1202
Abstract: Allows the Board of Ethics to appeal decisions of the Ethics Adjudicatory Board
on questions of law, but provides that if the board does not prevail in the final
disposition of the appeal, it shall be responsible for the payment of the reasonable
attorney fees and court costs of the other party.
Present law (Code of Governmental Ethics) provides for the Board of Ethics (BOE) and the
Ethics Adjudicatory Board (EAB). Provides for the composition and the powers and duties
of each board.
Present law (R.S. 42:1141) provides that the BOE receives complaints, conducts
investigations concerning alleged violations of laws within its jurisdiction, and issues
charges based on such alleged violations. Provides that the EAB conducts hearings on the
charges to determine whether a violation has in fact occurred and, if a violation has occurred,
determines what authorized penalties or other sanctions should be imposed.
Present law (R.S. 42:1142) provides that whenever action is taken against any public servant
or person by the BOE or panel or by an agency head by order of the board or panel, or
whenever any public servant or person is aggrieved by any action taken by the board or
panel, he may appeal therefrom to the Court of Appeal, First Circuit, if application to the
board is made within 30 days after the decision of the board becomes final. Provides that
any refusal by the board or panel to issue a declaratory opinion or any preliminary,
procedural, or intermediate action or ruling by the board or panel is subject to the
supervisory jurisdiction of the appellate court as provided by Article V, Section 10 of the
Const. of La.
Present law provides for appeals to the appropriate civil service commission for employees
who have attained permanent status in the classified state or city civil service and to the
appropriate higher education management board for a tenured public employee of a public
institution of higher education.
Present law provides that a decision of the EAB or a panel thereof may be appealed under
present law in the same manner as a decision of the BOE.
Present law (Administrative Procedure Act–R.S. 49: 964) provides that no agency or official
thereof, or other person acting on behalf of an agency or official thereof shall be entitled to
judicial review of an administrative adjudication.
Proposed law provides that the BOE may appeal a final decision of the EAB on a question
of law to the Court of Appeal, First Circuit, if application to the adjudicatory board is made
within 30 days after the decision of the adjudicatory board becomes final. Provides that if
the BOE appeals a final decision of the EAB and does not prevail in the final disposition of
the appeal, the BOE shall be responsible for the payment of the reasonable attorney fees and
court costs of the other party.
(Adds R.S. 42:1142(F))