SLS 10RS-60 ORIGINAL
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Regular Session, 2010
SENATE CONCURRENT RESOLUTI ON NO. 2
BY SENATOR MURRAY
ETHICS. Requests the Law Institute to study changes to the Code of Governmental Ethics
enacted in the 2008 extraordinary and regular sessions and to make recommendations
regarding those changes.
A CONCURRENT RESOLUTI ON1
To urge and request the Louisiana State Law Institute to study and make recommendations2
relative to the revisions to the Code of Governmental Ethics made by the Louisiana3
Legislature in the First Extraordinary Session of 2008 and the Regular Session of4
2008.5
WHEREAS, in the First Extraordinary Session of 2008 and the Regular Session of6
2008, the Louisiana Legislature revised the Code of Governmental Ethics and revised the7
procedures by which the code is administered and enforced, and by which alleged violations8
of the code are adjudicated; and9
WHEREAS, these revisions to the Code of Governmental Ethics provide that the10
Board of Ethics shall determine whether a public hearing should be conducted to receive11
evidence and determine whether a violation of the code has occurred, and provide that any12
such hearing is to be conducted before a panel of administrative law judges of the Division13
of Administrative Law, designated as the ethics adjudicatory panel; and14
WHEREAS, these revisions to the Code of Governmental Ethics further provide that15
the Board of Ethics is required to close its file on a charged violation if the public hearing16
fails to disclose clear and convincing evidence to support the charge; and17
WHEREAS, these revisions to the Code of Governmental Ethics further provide that18 SCR NO. 2
SLS 10RS-60 ORIGINAL
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the Board of Ethics is required to issue a decision adopting the determination of the ethics1
adjudicatory panel if the panel determines that a violation has occurred; and2
WHEREAS, there has been concern expressed by members of the Board of Ethics3
with regard to the constitutionality and practicability of the system of administration,4
enforcement, and adjudication established relative to the Code of Governmental Ethics in5
the First Extraordinary Session of 2008 and the Regular Session of 2008;6
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby urges7
and requests that the Louisiana State Law Institute study and make recommendations with8
regard to the changes made by the legislature during the 2008 first extraordinary and regular9
sessions to the procedures by which the Code of Governmental Ethics is administered and10
enforced, and by which alleged violations of the code are adjudicated.11
BE IT FURTHER RESOLVED that the Legislature of Louisiana hereby urges and12
requests that the Louisiana State Law Institute study and make recommendations with regard13
to the following specific issues:14
(1) Whether charges of violations of the Code of Governmental Ethics should be15
brought by the Board of Ethics, or by another administrative body composed of retired16
judges, or by some other body.17
(2) Whether charges of alleged violations of the Code of Governmental Ethics should18
be adjudicated by the Board of Ethics, or by a panel of administrative law judges, or by some19
other body.20
(3) Whether the Board of Ethics should be required to adopt the determinations of21
the ethics adjudicatory panel, without right of appeal.22
BE IT FURTHER RESOLVED that the Legislature of Louisiana hereby urges and23
requests that the Louisiana State Law Institute report the results of its study findings and its24
recommendations to the legislature prior to March 1, 2011.25 SCR NO. 2
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Murray SCR No.
Requests the La. State Law Institute to study and make recommendations relative to the
revisions to the Code of Governmental Ethics made in the 2008 first extraordinary and
regular sessions. Requests that the institute study and make recommendations with regard
to whether charges of alleged violations of the Code of Governmental Ethics should be
brought by the Board of Ethics or by some other body, whether charges of alleged violations
of the code should be adjudicated by the board or by some other body, and whether some
provision for the board to appeal panel decisions should be adopted.
Requests report to the legislature prior to March 1, 2011.