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Regular Session, 2010
SENATE BILL NO. 310
BY SENATOR KOSTELKA
ETHICS. Provides relative to the Code of Governmental Ethics. (gov sig)
AN ACT1
To amend and reenact R.S. 42:1141(C)(4)(a) and (c) and (5) and (E)(10) and 1142(E),2
relative to enforcement of laws within the jurisdiction of the Board of Ethics; to3
provide relative to the powers, functions, and duties of the Ethics Adjudicatory4
Board; to provide relative to appeals of board decisions; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 42:1141(C)(4)(a) and (c) and (5) and (E)(10) and 1142(E) are hereby8
amended and reenacted to read as follows: 9
§1141. Procedure; adjudicatory board10
* * *11
C. Investigation and hearing.12
* * *13
(4)(a) The director of the division of administrative law shall randomly select14
seven administrative law judges from among those who meet the qualifications to15
comprise the Ethics Adjudicatory Board. The last selected judge shall serve as the16
alternate. Members of the adjudicatory board shall have not less than two years of17 SB NO. 310
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experience as an administrative law judge or not less than ten years experience in the1
practice of law.2
* * *3
(c) Selection. (i) The members of the Ethics Adjudicatory Board shall be4
randomly selected at a public meeting of the Board of Ethics, from among the names5
of all administrative law judges who meet the qualifications. The members of the6
first Ethics Adjudicatory Board shall be selected by August 15, 2008. The initial7
current Ethics Adjudicatory Board shall serve until January 1, 2009 through8
December 31, 2010. Thereafter, the adjudicatory board members shall be selected9
annually to each serve a one-year two-year term from January first through10
December thirty-first. The adjudicatory board members for the years 2009 and11
beyond shall be randomly selected at the December a public meeting held by the12
Board of Ethics in December of the preceding year even-numbered years. There13
shall be no limitation on the number of times a qualified member may be selected to14
serve.15
(ii) A vacancy on either three-judge panel shall be filled by the alternate16
judge.17
(iii) A vacancy on the Ethics Adjudicatory Board shall be filled for the18
unexpired term at the next public meeting of the Board of Ethics and in the19
same manner as for the original selection. The last selected judge shall serve as20
the alternate.21
* * *22
(5) If the ethics adjudicatory panel determines that a violation has occurred23
and prescribes authorized penalties or other sanctions, the public servant or person24
may appeal as set forth in R.S. 42:1142 the Board of Ethics shall, within forty-five25
days of the issuance of the determination by the ethics adjudicatory panel, issue a26
decision adopting the determination of the ethics adjudicatory panel.27
* * *28
E. Procedure. * * *29 SB NO. 310
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(10) Any public servant or other person who is aggrieved by any action taken1
by a panel of the Board of Ethics may request a review of the panel's decision by2
the board full Board of Ethics within thirty days of the panel's decision. The board3
shall determine whether or not to review the panel's action within thirty days of the4
request for review.5
* * *6
§1142. Appeals7
* * *8
E. A decision of the Ethics Adjudicatory Board or a panel thereof is a final9
decision that may be appealed under this Section in the same manner as a decision10
of the Board of Ethics within thirty days after the mailing of the notice of the11
decision, or if a rehearing is requested, within thirty days after mailing of the12
decision on the rehearing.13
Section 2. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that the director of the division of administrative law is to randomly
select seven administrative law judges from among those who meet the qualifications to
comprise the Ethics Adjudicatory Board. Present law provides that members of the
adjudicatory board must have at least two years of experience as an administrative law judge
or not less than ten years experience in the practice of law.
Proposed law retains present law and further provides that the last selected judge will serve
as the alternate.
Present law provides that the members of the Ethics Adjudicatory Board are to be randomly
selected at a public meeting of the Board of Ethics from among the names of all
administrative law judges who meet the qualifications. Present law provides that the initial
Ethics Adjudicatory Board will serve until January 1, 2009, and thereafter the adjudicatory
board members shall be selected annually to serve a one year term from January 1
st
through
December 31
st
. Present law provides that the adjudicatory board members for the years
2009 and beyond are to be randomly selected at a public meeting held by the Board of Ethics SB NO. 310
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in December of the preceding year. Present law provides that there will be no limitation on
the number of times a qualified member may be selected to serve.
Proposed law provides that the current Ethics Adjudicatory Board will serve through
December 31, 2010, and thereafter the adjudicatory board members will be selected to each
serve a two-year term from January first through December thirty-first at the December
public meeting held by the Board of Ethics in even-numbered years .
Proposed law further provides that a vacancy on either three-judge panel is to be filled by
the alternate judge, and a vacancy on the Ethics Adjudicatory Board is to be filled for the
unexpired term at the next public meeting of the Board of Ethics and in the same manner as
for the original selection, with the last selected judge serving as the alternate.
Proposed law otherwise retains present law.
Present law provides that if the ethics adjudicatory panel determines that a violation has
occurred and prescribes authorized penalties or other sanctions, the Board of Ethics must
issue a decision adopting the determination of the ethics adjudicatory panel within 45 days
of the issuance of the determination by the ethics adjudicatory panel.
Proposed law deletes the provision of present law requiring the Board of Ethics to adopt the
determination of the ethics adjudicatory panel, and further provides that if the ethics
adjudicatory panel determines that a violation has occurred and prescribes authorized
penalties or other sanctions, the public servant or person may appeal as set forth in present
law.
Present law provides that a decision of the Ethics Adjudicatory Board or a panel thereof may
be appealed under present law in the same manner as a decision of the Board of Ethics.
Proposed law provides that a decision of the Ethics Adjudicatory Board or a panel thereof
is a final decision that may be appealed under present law within 30 days after the mailing
of the notice of the decision, or if a rehearing is requested, within 30 days after mailing of
the decision on the rehearing.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1141(C)(4)(a) and (c) and (5) and (E)(10) and 1142(E))