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Regular Session, 2012
HOUSE BILL NO. 334
BY REPRESENTATIVES BROSSETT AND LEGER
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)(3) and 9614(B) and (C) and to enact R.S.2
33:9613(A)(4) and 9614(D), relative to local ethics entities, including but not limited3
to an ethics review board or office of inspector general in the parishes of East Baton4
Rouge, Jefferson, and Orleans; to provide relative to subpoena powers; to provide5
for protective orders; to provide relative to enforcement of subpoenas; to provide6
relative to the privileged nature of certain documents; to provide relative to public7
access to public documents; and to provide for related matters.8
Notice of intention to introduce this Act has been published9
as provided by Article III, Section 13 of the Constitution of10
Louisiana.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 33:9613(A)(3) and 9614(B) and (C) are hereby amended and13
reenacted and R.S. 33:9613(A)(4) and 9614(D) are hereby enacted to read as follows: 14
§9613. Investigative powers15
A.16
* * *17
(3) In the performance of its duties, a local ethics entity, ethics review board,18
or office of the inspector general may compel the attendance of witnesses to be19
deposed under oath or the production of public and private records by issuing a20
subpoena. However Except as provided in Paragraph (4) of this Subsection, such21 HLS 12RS-26 RE-REENGROSSED
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a subpoena or subpoena duces tecum shall be issued only upon approval of a judge1
of the district court of the parish in which a local ethics entity, ethics review board,2
or office of inspector general is domiciled upon application in writing by such entity,3
board, or office. The judge shall issue a written decision within seventy-two hours4
after receipt of such application. Any subpoena for production of private records5
shall be in compliance with all applicable constitutionally established rights and6
processes. Any request for financial records in the possession or under the control7
of a bank pursuant to this Chapter is subject to and shall comply with the8
requirements and procedures of R.S. 6:333. The subpoena may be served by9
certified mail, return receipt requested, at the addressee's residence or business10
address, or by representatives appointed by the local ethics entity, ethics review11
board, or office of inspector general, or may be directed for service to the office of12
the municipal police. If a person refuses to obey a subpoena issued by the local13
ethics entity, ethics review board, or office of inspector general, the district court of14
the parish in which the local ethics entity, ethics review board, or office of inspector15
general is domiciled may issue an order to the person requiring the person to appear16
before the court to show cause why an order shall not be issued ordering such person17
to obey the subpoena.18
(4)(a) In the performance of its duties, a local office of inspector general in19
the city of New Orleans or parish of Jefferson may issue an administrative subpoena20
duces tecum to require the production of books, records, documents, or other21
evidence deemed relevant or material to an investigation, audit, or inspection. The22
subpoena duces tecum shall only be issued in furtherance of the authority provided23
by respective local ordinance and by Subsections D and E of this Section and shall24
comply with all applicable constitutionally established rights and processes.25
(b) The subpoena duces tecum may be served by certified mail, return receipt26
requested, at the addressee's residence or business address.27
(c) The entity receiving the subpoena duces tecum may file a motion with28
the district court of the parish in which the office of inspector general is domiciled29 HLS 12RS-26 RE-REENGROSSED
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to amend or quash the subpoena. The motion shall be filed any time before the date1
for attendance or compulsion specified in the subpoena or within twenty days after2
the subpoena duces tecum has been served, whichever is earlier. In no event shall3
any penalty attach to the recipient of such an administrative subpoena duces tecum4
for failure to respond without an order from the district court of the parish in which5
the office of inspector general is domiciled.6
(d) If the subpoena duces tecum is not quashed and is not complied with by7
the date for production of documents, the office of the inspector general may apply8
to the district court of the parish in which the office of inspector general is domiciled9
for an order compelling compliance with the subpoena. Any person failing to10
comply with the order compelling compliance shall be adjudged in contempt of11
court.12
* * *13
§9614. Confidentiality of preliminary investigations certain records14
* * *15
B. Any material, records, data, and information compiled by an office of16
inspector general in an investigation, examination, audit, inspection, or performance17
review under this Chapter is confidential and privileged and not subject to R.S. 44:118
et seq., until the investigation, examination, audit, inspection, or performance review19
is complete. The investigation, examination, audit, inspection, or performance20
review is not deemed complete if the office of inspector general has submitted21
material, records, data, and information from or the results of such investigation,22
examination, audit, inspection, or performance review to any other law enforcement23
or regulatory agency for further investigation or for the filing of criminal or civil24
prosecution, and if such investigation or prosecution has not been completed or25
become inactive.26
C. Except for the completed reports, findings, advisories, letters, and27
recommendations of investigations, audits, inspections, performance reviews,28
qualitative assurance reviews, peer reviews, annual operating budgets, and annual29 HLS 12RS-26 RE-REENGROSSED
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office reports, the records prepared or obtained by the ethics entity, ethics review1
board, or office of inspector general shall be deemed privileged and confidential and2
protected from disclosure pursuant to R.S. 44:3. In order to maintain the3
confidentiality of such materials, the ethics entity, ethics review board, or office of4
inspector general may meet and make decisions in executive session. No privilege5
established by law shall be deemed waived on any record obtained by the ethics6
entity, ethics review board, or office of inspector general in connection with the7
performance of duties established by this Chapter. Any record or information8
obtained by the ethics entity, ethics review board, or office of inspector general9
which is confidential or privileged pursuant to any other provision of law shall10
remain confidential or privileged, and it shall be a misdemeanor punishable by a fine11
of not more than two thousand dollars or imprisonment for not more than one year,12
or both, for the ethics entity, ethics review board, or office of inspector general or13
any designated staff member or any other public official, corporation, or individual14
to make public any such information or record.15
D. The provisions of this Section shall not prevent public access during the16
course of an inspector general investigation to public records that are not otherwise17
privileged or confidential. The custodian of any public record shall provide such18
record to any person having the right to examine public records. If the only copy of19
such public record is in the hands of the inspector general, the custodian of that20
record shall so certify, and the requestor may examine and copy the record at the21
office of the inspector general.22
Section 2. This Act shall become effective upon signature by the governor or, if not23
signed by the governor, upon expiration of the time for bills to become law without signature24
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If25
vetoed by the governor and subsequently approved by the legislature, this Act shall become26
effective on the day following such approval.27 HLS 12RS-26 RE-REENGROSSED
HB NO. 334
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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: Authorizes the inspectors general in New Orleans and Jefferson Parish to issue
administrative subpoenas for the production of documents and evidence. Provides
relative to the records 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.
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. Present law
authorizes such a subpoena to be served by certified mail, return receipt requested, at the
addressee's residence or business address or in person by an appointed representative of the
local ethics entity or by allowing the local municipal police to make service. 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 retains present law and additionally authorizes an inspector general in New
Orleans or Jefferson Parish to issue an administrative subpoena duces tecum to require the
production of books, records, documents, or other evidence deemed relevant or material to
an investigation, audit, or inspection.
With respect to such subpoena duces tecum, proposed law provides that the subpoena may
be served by certified mail, return receipt requested, at the addressee's residence or business
address. Provides that 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. Provides that no penalty shall attach to the recipient of
the subpoena for failure to respond without an order from the district court.
Proposed law further provides that if the subpoena is not quashed and is not timely complied
with, then the inspector general may seek an order from the district court ordering the person
to comply. Further provides that a person who fails to comply with an order from the court
directing the party to act in accordance with the subpoena shall be adjudged in 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. HLS 12RS-26 RE-REENGROSSED
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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 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.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:9613(A)(3) and 9614(B) and (C); Adds R.S. 33:9613(4) and 9614(D))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the engrossed bill.
1. Adds provision that makes proposed law effective upon signature of governor or
lapse of time for gubernatorial action.
House Floor Amendments to the reengrossed bill.
1. With respect to subpoenas, changes proposed law from modifying present law
procedures with respect to issuance of any subpoena by a local ethics entity to
authorizing and providing with respect to issuance of administrative subpoenas
duces tecum by the office of inspector general in New Orleans or Jefferson
Parish.