HLS 12RS-1056 ENGROSSED
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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; to provide for the payment of attorney fees and court costs under certain7
circumstances; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 42:1142 is hereby amended and reenacted to read as follows: 10
§1142. Appeals11
A. Whenever action is taken against any public servant or person by the12
board or panel or by an agency head by order of the board or panel, or whenever any13
public servant or person is aggrieved by any action taken by the board or panel, he14
may appeal therefrom to the Court of Appeal, First Circuit, if application to the board15
is made within thirty days after the decision of the board becomes final. Any refusal16
by the board or panel to issue a declaratory opinion or any preliminary, procedural,17
or intermediate action or ruling by the board or panel is subject to the supervisory18
jurisdiction of the appellate court as provided by Article V, Section 10 of the19 HLS 12RS-1056 ENGROSSED
HB NO. 942
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Constitution of Louisiana. The Court of Appeal, First Circuit, shall promulgate rules1
of procedure to be followed in taking and lodging such appeals.2
(1) Whenever action is taken against any public servant or person by order3
of the Board of Ethics, or panel thereof, or by a final decision of the Ethics4
Adjudicatory Board, or by an agency head by order of the Board of Ethics, or panel5
thereof, or by a final decision of the Ethics Adjudicatory Board, or whenever any6
public servant or person is aggrieved by any action taken by the Board of Ethics, or7
panel thereof, or the Ethics Adjudicatory Board, he may appeal to the Court of8
Appeal, First Circuit.9
(a) An order of the Board of Ethics, or panel thereof, may be appealed by10
filing a written motion with the Board of Ethics within thirty days after the signing11
and mailing of the notice of the order.12
(b) A final decision of the Ethics Adjudicatory Board may be appealed by13
filing a written motion with the Ethics Adjudicatory Board within thirty days after14
the signing and mailing of the notice of the final decision, or if a rehearing is15
requested, within thirty days after the mailing of the notice of the decision of the16
Ethics Adjudicatory Board on the rehearing.17
(2)(a) Upon the unanimous vote of its members present and voting, the18
Board of Ethics may appeal a final decision of the Ethics Adjudicatory Board to the19
Court of Appeal, First Circuit, within thirty days after the signing and mailing of the20
notice of the final decision, or if a rehearing is requested, within thirty days after the21
mailing of the notice of the decision of the Ethics Adjudicatory Board on the22
rehearing. Only questions of law of a final decision may be appealed pursuant to this23
Paragraph, and the appeal shall be limited to the record created at the hearing before24
the adjudicatory panel of the Ethics Adjudicatory Board. For purposes of this25
Paragraph, "final decision" means the decision and order of the adjudicatory panel26
of the Ethics Adjudicatory Board on the final disposition of the entire matter the27
Ethics Adjudicatory Board was required to hear.28 HLS 12RS-1056 ENGROSSED
HB NO. 942
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) If the Board of Ethics does not prevail in the final disposition of its1
appeal, the Board of Ethics shall be responsible for the payment of reasonable2
attorney fees and court costs of the other party.3
(3) Any refusal by the Board of Ethics to issue a declaratory opinion is4
subject to the supervisory jurisdiction of the appellate court as provided by Article5
V, Section 10 of the Constitution of Louisiana. The Court of Appeal, First Circuit,6
shall promulgate rules of procedure to be followed in taking and lodging such7
appeals.8
B. In the event that any public employee suspended or dismissed by order9
of the board Board of Ethics, or panel thereof, or by a final decision of the Ethics10
Adjudicatory Board, or any public employee suspended or dismissed by an11
appointing authority at by an order of the board Board of Ethics, or panel thereof, or12
a final decision of the Ethics Adjudicatory Board expressly for violation of any13
provision of law within the jurisdiction of the board Board of Ethics is ordered14
reinstated by a final court order upon appeal, the public employee shall be entitled15
to receive his back pay for the period of his suspension or improper dismissal less16
any earnings by him during the period from other sources, provided, however, that17
there shall be excluded from the mentioned deduction costs of court and reasonable18
attorney fees which shall be fixed by the court.19
C. Notwithstanding the provisions of this Section, a public employee who20
has attained permanent status in the classified state or city service, as provided in21
Article X, Section 1 of the Constitution of Louisiana, may, whenever any22
disciplinary action is taken against him by the board Board of Ethics, or panel23
thereof, or the Ethics Adjudicatory Board, or by an appointing authority by order of24
the board Board of Ethics, or panel thereof, or the Ethics Adjudicatory Board, appeal25
therefrom to the appropriate civil service commission, if written application to the26
board that ordered the disciplinary action is made within thirty days after the27
decision of the board or panel becomes final. Any decision of a civil service28
commission may be appealed to the Court of Appeal, First Circuit, either by the29 HLS 12RS-1056 ENGROSSED
HB NO. 942
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
board Board of Ethics or the public employee, if a written motion is filed with upon1
application to the civil service commission within thirty days after the decision of2
such civil service commission becomes final.3
D. Notwithstanding the provisions of this Section, any tenured public4
employee of a public institution of higher education in this state may, whenever any5
disciplinary action is taken against him by the board Board of Ethics, or panel6
thereof, or the Ethics Adjudicatory Board, or by the appointing authority by order of7
the board Board of Ethics, or panel thereof, or the Ethics Adjudicatory Board, appeal8
therefrom to the appropriate higher education management board, if the tenured9
employee files a written appeal with application to the board that ordered the10
disciplinary action is made within thirty days after the order or the decision of the11
board or panel becomes final. Such appeal shall be solely on the record of the12
hearing of the board or panel that ordered the disciplinary action hearing and the13
board the Board of Ethics and the Ethics Adjudicatory Board shall adopt rules and14
regulations to effectuate the preparation of such record. If appeal is timely filed, the15
appropriate higher education management board shall review the record and decision16
shall be rendered thereon within one hundred twenty days of the receipt of the record17
from the board that ordered the disciplinary action. Any decision of a higher18
education management board may be appealed to the Court of Appeal, First Circuit,19
as provided in this Chapter, either by the board Board of Ethics or by the tenured20
public employee, upon application to the appropriate higher education management21
board within thirty days after the decision of such higher education management22
board is rendered.23
E. A decision of the Ethics Adjudicatory Board or a panel thereof is a final24
decision that may be appealed under this Section in the same manner as a decision25
of the Board of Ethics within thirty days after the mailing of the notice of the26
decision, or if a rehearing is requested, within thirty days after mailing of the27
decision on the rehearing.28 HLS 12RS-1056 ENGROSSED
HB NO. 942
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
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 and providing that if the Board of
Ethics does not prevail in its appeal, it is responsible for reasonable attorney fees and
court costs of the other party.
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. Proposed law further provides that if the Board
of Ethics does not prevail in the final disposition of its appeal, the Board of Ethics shall be
responsible for the payment of reasonable attorney fees and court costs of the other party.
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, HLS 12RS-1056 ENGROSSED
HB NO. 942
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
or intermediate action or ruling is subject to the supervisory jurisdiction of the appellate
court as provided in the present constitution (Const. Art. V, §10).
Proposed law removes the provision that any refusal by the Board of Ethics or any panel
thereof to issue any preliminary, procedural, or intermediate action or ruling is subject to the
supervisory jurisdiction of the appellate court and otherwise retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1142)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Removes provision that any refusal by the Board of Ethics or any panel thereof
to issue any preliminary, procedural, or intermediate action or ruling is subject
to the supervisory jurisdiction of the appellate court.
2. Adds provision that the Board of Ethics shall be responsible for the payment of
reasonable attorney fees and court costs of the other party if it does not prevail
in the final disposition of its appeal.