HLS 12RS-26 ORIGINAL
Page 1 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 334
BY REPRESENTATIVE BROSSETT
LOCAL AGENCIES: Provides relative to the records and subpoena powers of certain local
ethics entities
AN ACT1
To amend and reenact R.S. 33:9613(A)(2) and (B) through (G) and 9614(B) and (C), to2
enact R.S. 33:9613(H) and (I) and 9614(D), and to repeal R.S. 33:9613(A)(3),3
relative to local ethics entities, including but not limited to an ethics review board or4
office of inspector general in the parishes of East Baton Rouge, Jefferson, and5
Orleans; to provide relative to subpoena powers; to provide for protective orders; to6
provide relative to enforcement of subpoenas; to provide relative to the privileged7
nature of certain documents; to provide relative to public access to public8
documents; and to provide for related matters.9
Notice of intention to introduce this Act has been published10
as provided by Article III, Section 13 of the Constitution of11
Louisiana.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 33:9613(A)(2) and (B) through (G) and 9614(B) and (C) are hereby14
amended and reenacted and R.S. 33:9613(H) and (I) and 9614(D) are hereby enacted to read15
as follows: 16
§9613. Investigative powers17
A.18
* * *19 HLS 12RS-26 ORIGINAL
HB NO. 334
Page 2 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2)(a) In the performance of its duties, a local ethics entity, ethics review1
board, or office of the inspector general may administer oaths and take the testimony2
of those sworn. In the performance of its duties, a local ethics entity, ethics review3
board, or office of the inspector general may administer oaths or affirmations,4
subpoena witnesses, compel their attendance, examine them under oath or5
affirmation, and require the production of books, records, documents, or other6
evidence deemed relevant or material to the investigation or hearing. The subpoena7
may be served by certified mail, return receipt requested, at the addressee's residence8
or business address. 9
(b) For the purposes of this Section, the term "subpoena" shall include a10
subpoena duces tecum.11
B. The entity receiving the subpoena may file a motion with the district court12
having civil jurisdiction in the parish where the local ethics entity, ethics review13
board, or office of the inspector general is located to amend or quash the subpoena.14
The motion must be filed before the date for attendance or compulsion specified in15
the subpoena or within twenty days after the subpoena has been served, whichever16
is earlier.17
C. If the subpoena is not quashed and is not complied with by the date for18
attendance or compulsion, the local ethics entity, ethics review board, or office of the19
inspector general may apply to the district court having civil jurisdiction in the parish20
where it is located for an order compelling compliance with the subpoena. Any21
person failing to comply with the order compelling compliance shall be adjudged in22
contempt of the court which issued the order.23
D. Any costs and attorney's attorney fees incurred by the local ethics entity,24
ethics review board, or office of inspector general may be taxed against the person25
who failed or refused to comply with the terms of the subpoena.26
C. E. When the local ethics entity, ethics review board, or office of inspector27
general issuing the subpoena has reason to believe that a person may attempt to28
conceal or destroy materials essential to an investigation, examination, audit,29 HLS 12RS-26 ORIGINAL
HB NO. 334
Page 3 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
inspection, or performance review, the local ethics entity, ethics review board, or1
office of inspector general may apply by verified petition to the district court of the2
parish in which the person resides or is found or has a principal place of business or3
in which the materials may be found for an order protecting the materials from4
concealment or destruction. The court may order and fix the amount of a bond to be5
posted and conditioned upon compliance with the terms of the subpoena. The order6
shall be directed to the person upon whom the subpoena will be served and to any7
other person necessary to protect the materials from concealment or destruction.8
D. F. (1) A local ethics entity, ethics review board, or office of inspector9
general shall have the authority to examine, review, audit, inspect, and investigate10
the records, books, reports, documents, papers, correspondence, accounts, audits,11
inspections, reviews, recommendations, plans, films, tapes, pictures, computer hard12
drives, software data, hardware data, e-mails, instant messages, text messages, and13
any other data and material relevant to any matter under audit, investigation,14
inspection, or performance review of all entities of the local governmental15
subdivision or entities receiving funds through or for the benefit of the local16
governmental subdivision.17
(2) For the purposes of this Section, these entities shall include but not be18
limited to every local governmental subdivision officer, employee, elected official,19
department, agency, board, commission, public benefit corporation, quasi public20
agency or body, contractor, subcontractor, licensee of the local governmental21
subdivision, and every applicant for certification of eligibility for a municipal22
contract or program.23
(3) These entities shall also include all local governmental subdivision24
governing authorities, all districts, boards, and commissions created by local25
governmental subdivision governing authorities either independently or in26
conjunction with other units of government, and all independently elected parish27
public officials whose offices receive funds from the municipality.28 HLS 12RS-26 ORIGINAL
HB NO. 334
Page 4 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
E. G. For the purposes of this Section, a quasi public agency or body shall1
be defined as:2
(1) An organization, either not-for-profit or for profit, that is a component3
unit of local government established to perform a public purpose, and created by the4
state of Louisiana or any political subdivision or agency thereof or any special5
district or authority operating within the municipality.6
(2) An organization, either not-for-profit or for profit, that is a component7
unit of a local governmental subdivision reporting entity, as defined under generally8
accepted accounting principles.9
(3) An organization, either not-for-profit or for profit, created to perform a10
public purpose and having one or more of the following characteristics:11
(a) The governing body is elected by the general public.12
(b) A majority of the governing body is appointed by or authorized to be13
appointed by a governmental entity or individual governmental official as a part of14
their official duties.15
(c) The entity is the recipient of proceeds of an ad valorem tax or general16
sales tax levied specifically for its operations.17
(d) The entity is able to directly issue debt, the interest on which is exempt18
from federal taxation.19
(e) The entity can be dissolved unilaterally by a governmental entity and its20
net assets assumed without compensation by that governmental entity.21
(4) Any not-for-profit organization operating within the municipality which22
receives or expends in excess of twenty-five thousand dollars in local assistance in23
any fiscal year. Assistance includes grants, loans, awards, transfer of property, and24
direct appropriations of local public funds.25
(5) Any organization, either not-for-profit or for profit, operating within the26
local governmental subdivision which is subject to the Open Meetings Law and27
derives a portion of its income from payments received from any local governmental28
subdivision agency or body.29 HLS 12RS-26 ORIGINAL
HB NO. 334
Page 5 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
F. H. Nothing in R.S. 42:61 et seq. shall be construed to prohibit local ethics1
entity attorneys, ethics review board attorneys, or office of inspector general2
attorneys from also holding the position of assistant United States attorney, assistant3
attorney general, or assistant district attorney when so designated for cooperative4
efforts in criminal prosecutions and without additional compensation.5
G. I. A local ethics entity, ethics review board, or office of inspector general6
may employ its own legal counsel. A local ethics entity or ethics review board may7
also employ, contract with, or accept the assistance of other legal counsel in the8
conduct of a civil or criminal case.9
§9614. Confidentiality of preliminary investigations certain records10
* * *11
B. Any material, records, data, and information compiled by an office of12
inspector general in an investigation, examination, audit, inspection, or performance13
review under this Chapter is confidential and privileged and not subject to R.S. 44:114
et seq., until the investigation, examination, audit, inspection, or performance review15
is complete. The investigation, examination, audit, inspection, or performance16
review is not deemed complete if the office of inspector general has submitted17
material, records, data, and information from or the results of such investigation,18
examination, audit, inspection, or performance review to any other law enforcement19
or regulatory agency for further investigation or for the filing of criminal or civil20
prosecution, and if such investigation or prosecution has not been completed or21
become inactive.22
C. Except for the completed reports, findings, advisories, letters, and23
recommendations of investigations, audits, inspections, performance reviews,24
qualitative assurance reviews, peer reviews, annual operating budgets, and annual25
office reports, the records prepared or obtained by the ethics entity, ethics review26
board, or office of inspector general shall be deemed privileged and confidential and27
protected from disclosure pursuant to R.S. 44:3. In order to maintain the28
confidentiality of such materials, the ethics entity, ethics review board, or office of29 HLS 12RS-26 ORIGINAL
HB NO. 334
Page 6 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
inspector general may meet and make decisions in executive session. No privilege1
established by law shall be deemed waived on any record obtained by the ethics2
entity, ethics review board, or office of inspector general in connection with the3
performance of duties established by this Chapter. Any record or information4
obtained by the ethics entity, ethics review board, or office of inspector general5
which is confidential or privileged pursuant to any other provision of law shall6
remain confidential or privileged, and it shall be a misdemeanor punishable by a fine7
of not more than two thousand dollars or imprisonment for not more than one year,8
or both, for the ethics entity, ethics review board, or office of inspector general or9
any designated staff member or any other public official, corporation, or individual10
to make public any such information or record.11
D. The provisions of this Section shall not prevent public access during the12
course of an inspector general investigation to public records that are not otherwise13
privileged or confidential. The custodian of any public record shall provide such14
record to any person having the right to examine public records. If the only copy of15
such public record is in the hands of the inspector general, the custodian of that16
record shall so certify and the requestor may examine and copy the record at the17
office of the inspector general.18
* * *19
Section 2. R.S. 33:9613(A)(3) is hereby repealed in its entirety.20
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)]
Brossett HB No. 334
Abstract: Provides relative to the records and subpoena powers of "local ethics entities" in
Orleans, East Baton Rouge, and Jefferson parishes, including but not limited to an
ethics review board or office of inspector general.
Present law (R.S. 33:9613) authorizes the parishes of Orleans, Jefferson, and East Baton
Rouge to establish local ethics entities. Such entities include a local ethics review board and
a local inspector general. Further provides for the powers, rights, and duties of such
organizations. Proposed law retains present law. HLS 12RS-26 ORIGINAL
HB NO. 334
Page 7 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law authorizes these local ethics entities to make investigations and examinations
and to gather evidence in any matter subject to present law. Further provides that such
entities may administer oaths and take the testimony of the sworn party. Proposed law
retains present law.
Present law authorizes the local ethics entities to compel the attendance of witnesses or the
production of documents by issuing a subpoena or a subpoena duces tecum with the approval
of the district court of the parish in which the local ethics entity is domiciled. Proposed law
authorizes the local ethics entity to issue such subpoenas without the approval of the district
court in which the entity is domiciled.
Present law provides mechanisms for service of the subpoena:
(1)Present law authorizes the subpoena to be served by certified mail, return receipt
requested, at the addressee's residence or business address. Proposed law retains this
portion of present law.
(2)Present law further authorizes service of the subpoena in person by an appointed
representative of the local ethics entity or by allowing the local municipal police to
make service. Proposed law repeals these options in present law.
Present law provides that if the party receiving a subpoena issued under present law refuses
to obey such subpoena, then the district court which approved the subpoena may order the
person to appear before the court and show cause why they should not be ordered to comply.
Proposed law changes this process. Under proposed law, the person receiving the subpoena
may file a motion with the district court to quash the subpoena or to modify its terms.
Proposed law requires such motion to be filed prior to the date for compliance with the
subpoena or within 20 days of service of the subpoena, whichever is earlier.
Proposed law further provides that if the subpoena is not quashed, and the person refuses to
comply, then the local ethics entity may seek an order from the district court ordering the
person to comply. Further provides that failure to comply with an order from the court
directing the party to act in accordance with the subpoena shall be punished as a contempt
of the district court.
Present law (R.S. 33:9614) provides relative to the confidential nature of records in the
possession of the local ethics entity.
Present law provides that any confidential records in the possession of the local ethics entity
in certain circumstances shall remain confidential. Proposed law retains present law.
Present law further provides that certain materials, records, data, and information compiled
by an office of inspector general during the performance of his duties and, with certain
exceptions, any records prepared or obtained by the local ethics entity are deemed
confidential. Proposed law retains present law and further provides that such materials,
records, data, etc., are also privileged.
Proposed law further provides that any record in the possession of a local inspector general
that is not privileged and confidential is a public record and the public shall have full access
to such record. Further provides that if the only copy of an otherwise public record is in the
possession of a local inspector general, then any individual possessing the right to view such
document may view and copy it at the local inspector general's office.
(Amends R.S. 33:9613(A)(2) and (B)-(G) and 9614(B) and (C); Adds R.S. 33:9613(H) and
(I) and 9614(D); Repeals R.S. 33:9613(A)(3))