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Regular Session, 2012
HOUSE BILL NO. 942
BY REPRESENTATIVE TIM BURNS
ETHICS: Provides relative to enforcement of the provisions of law under the jurisdiction
of the Board of Ethics
AN ACT1
To amend and reenact R.S. 42:1142, relative to enforcement of the laws under the2
jurisdiction of the Board of Ethics; to provide for the appeal of actions taken to3
enforce the laws under the jurisdiction of the Board of Ethics; to provide for appeal4
of actions of the Board of Ethics and the Ethics Adjudicatory Board; to provide the5
Board of Ethics a limited right to appeal final decisions of the Ethics Adjudicatory6
Board; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 42:1142 is hereby amended and reenacted to read as follows: 9
§1142. Appeals10
A. Whenever action is taken against any public servant or person by the11
board or panel or by an agency head by order of the board or panel, or whenever any12
public servant or person is aggrieved by any action taken by the board or panel, he13
may appeal therefrom to the Court of Appeal, First Circuit, if application to the board14
is made within thirty days after the decision of the board becomes final. Any refusal15
by the board or panel to issue a declaratory opinion or any preliminary, procedural,16
or intermediate action or ruling by the board or panel is subject to the supervisory17
jurisdiction of the appellate court as provided by Article V, Section 10 of the18
Constitution of Louisiana. The Court of Appeal, First Circuit, shall promulgate rules19
of procedure to be followed in taking and lodging such appeals.20 HLS 12RS-1056 ORIGINAL
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(1) Whenever action is taken against any public servant or person by order1
of the Board of Ethics, or panel thereof, or by a final decision of the Ethics2
Adjudicatory Board, or by an agency head by order of the Board of Ethics, or panel3
thereof, or by a final decision of the Ethics Adjudicatory Board, or whenever any4
public servant or person is aggrieved by any action taken by the Board of Ethics, or5
panel thereof, or the Ethics Adjudicatory Board, he may appeal to the Court of6
Appeal, First Circuit.7
(a) An order of the Board of Ethics, or panel thereof, may be appealed by8
filing a written motion with the Board of Ethics within thirty days after the signing9
and mailing of the notice of the order.10
(b) A final decision of the Ethics Adjudicatory Board may be appealed by11
filing a written motion with the Ethics Adjudicatory Board within thirty days after12
the signing and mailing of the notice of the final decision, or if a rehearing is13
requested, within thirty days after the mailing of the notice of the decision of the14
Ethics Adjudicatory Board on the rehearing.15
(2) Upon the unanimous vote of its members present and voting, the Board16
of Ethics may appeal a final decision of the Ethics Adjudicatory Board to the Court17
of Appeal, First Circuit, within thirty days after the signing and mailing of the notice18
of the final decision, or if a rehearing is requested, within thirty days after the19
mailing of the notice of the decision of the Ethics Adjudicatory Board on the20
rehearing. Only questions of law of a final decision may be appealed pursuant to this21
Paragraph, and the appeal shall be limited to the record created at the hearing before22
the adjudicatory panel of the Ethics Adjudicatory Board. For purposes of this23
Paragraph, "final decision" means the decision and order of the adjudicatory panel24
of the Ethics Adjudicatory Board on the final disposition of the entire matter the25
Ethics Adjudicatory Board was required to hear.26
(3) Any refusal by the Board of Ethics to issue a declaratory opinion or any27
preliminary, procedural, or intermediate action or ruling by the Board of Ethics is28
subject to the supervisory jurisdiction of the appellate court as provided by Article29 HLS 12RS-1056 ORIGINAL
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V, Section 10 of the Constitution of Louisiana. The Court of Appeal, First Circuit,1
shall promulgate rules of procedure to be followed in taking and lodging such2
appeals.3
B. In the event that any public employee suspended or dismissed by order4
of the board Board of Ethics, or panel thereof, or by a final decision of the Ethics5
Adjudicatory Board, or any public employee suspended or dismissed by an6
appointing authority at by an order of the board Board of Ethics, or panel thereof, or7
a final decision of the Ethics Adjudicatory Board expressly for violation of any8
provision of law within the jurisdiction of the board Board of Ethics is ordered9
reinstated by a final court order upon appeal, the public employee shall be entitled10
to receive his back pay for the period of his suspension or improper dismissal less11
any earnings by him during the period from other sources, provided, however, that12
there shall be excluded from the mentioned deduction costs of court and reasonable13
attorney fees which shall be fixed by the court.14
C. Notwithstanding the provisions of this Section, a public employee who15
has attained permanent status in the classified state or city service, as provided in16
Article X, Section 1 of the Constitution of Louisiana, may, whenever any17
disciplinary action is taken against him by the board Board of Ethics, or panel18
thereof, or the Ethics Adjudicatory Board, or by an appointing authority by order of19
the board Board of Ethics, or panel thereof, or the Ethics Adjudicatory Board, appeal20
therefrom to the appropriate civil service commission, if written application to the21
board that ordered the disciplinary action is made within thirty days after the22
decision of the board or panel becomes final. Any decision of a civil service23
commission may be appealed to the Court of Appeal, First Circuit, either by the24
board Board of Ethics or the public employee, if a written motion is filed with upon25
application to the civil service commission within thirty days after notice of the26
decision of such civil service commission becomes final.27
D. Notwithstanding the provisions of this Section, any tenured public28
employee of a public institution of higher education in this state may, whenever any29 HLS 12RS-1056 ORIGINAL
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disciplinary action is taken against him by the board Board of Ethics, or panel1
thereof, or the Ethics Adjudicatory Board, or by the appointing authority by order of2
the board Board of Ethics, or panel thereof, or the Ethics Adjudicatory Board, appeal3
therefrom to the appropriate higher education management board, if the tenured4
employee files a written appeal with application to the board that ordered the5
disciplinary action is made within thirty days after the order or the decision of the6
board or panel becomes final. Such appeal shall be solely on the record of the7
hearing of the board or panel that ordered the disciplinary action hearing and the8
board the Board of Ethics and the Ethics Adjudicatory Board shall adopt rules and9
regulations to effectuate the preparation of such record. If appeal is timely filed, the10
appropriate higher education management board shall review the record and decision11
shall be rendered thereon within one hundred twenty days of the receipt of the record12
from the board that ordered the disciplinary action. Any decision of a higher13
education management board may be appealed to the Court of Appeal, First Circuit,14
as provided in this Chapter, either by the board Board of Ethics or by the tenured15
public employee, upon application to the appropriate higher education management16
board within thirty days after the decision of such higher education management17
board is rendered.18
E. A decision of the Ethics Adjudicatory Board or a panel thereof is a final19
decision that may be appealed under this Section in the same manner as a decision20
of the Board of Ethics within thirty days after the mailing of the notice of the21
decision, or if a rehearing is requested, within thirty days after mailing of the22
decision on the rehearing.23
Section 2. This Act shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28 HLS 12RS-1056 ORIGINAL
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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)]
Tim Burns HB No. 942
Abstract: Provides for the appeal of actions taken to enforce the laws under the jurisdiction
of the Board of Ethics, including giving the Board of Ethics a limited right to appeal
final decisions of the Ethics Adjudicatory Board.
Present law (R.S. 42:1142) provides relative to appeals of decisions of the Board of Ethics.
Provides generally for appeal to the Court of Appeal, First Circuit. Present law authorizes
any party aggrieved by an action of the Board of Ethics, or a panel thereof, the right to
appeal to the Court of Appeal, First Circuit within 30 days after action taken by the board
becomes final and that a final decision of the Ethics Adjudicatory Board may be appealed
within 30 days after mailing of the notice of the decision, or if a rehearing is requested,
within 30 days after mailing of the decision on rehearing. Present law further provides for
appeals to a civil service commission or higher education management board in specific
situations involving disciplinary actions taken against certain employees. Provides general
procedures. Present law (R.S. 42:1142) further provides that decisions of the adjudicatory
board or a panel thereof may be appealed in the same manner as decisions by the Board of
Ethics.
Proposed law retains present law except in each instance regarding appeal also makes it
applicable to action taken by and final decisions of the Ethics Adjudicatory Board. Proposed
law removes the general language about appeals of decisions of the adjudicatory board or
panel thereof being the same as those of decisions by the Board of Ethics.
Proposed law further authorizes the Board of Ethics, upon unanimous vote of its members
present and voting, to appeal questions of law of a final decision of the Ethics Adjudicatory
Board to the First Circuit Court of Appeal within 30 days after the signing and mailing of
the notice of a final decision, or final decision on rehearing of the Ethics Adjudicatory
Board. Defines "final decision" for this purpose as the decision and order of the adjudicatory
panel of the Ethics Adjudicatory Board on the final disposition of the entire matter the Ethics
Adjudicatory Board was required to hear.
Present law (R.S. 42:1141.1) provides that a declaratory opinion of the board shall be
considered a final decision and shall be reviewable by the Court of Appeal, First Circuit as
provided in present law (R.S. 42:1142). Present law provides that any refusal by the Board
of Ethics or any panel thereof to issue a declaratory opinion and any preliminary, procedural,
or intermediate action or ruling is subject to the supervisory jurisdiction of the appellate
court as provided in the present constitution (Art. V, §10). Proposed law retains present law
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1142)