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ACT No. 607
Regular Session, 2012
HOUSE BILL NO. 942
BY REPRESENTATIVE TIM BURNS
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
ยง1142. 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
Constitution of Louisiana. The Court of Appeal, First Circuit, shall promulgate rules20
of procedure to be followed in taking and lodging such appeals.21
(1) Whenever action is taken against any public servant or person by order22
of the Board of Ethics, or panel thereof, or by a final decision of the Ethics23 ENROLLEDHB NO. 942
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Adjudicatory Board, or by an agency head by order of the Board of Ethics, or panel1
thereof, or by a final decision of the Ethics Adjudicatory Board, or whenever any2
public servant or person is aggrieved by any action taken by the Board of Ethics, or3
panel thereof, or the Ethics Adjudicatory Board, he may appeal to the Court of4
Appeal, First Circuit.5
(a) An order of the Board of Ethics, or panel thereof, may be appealed by6
filing a written motion with the Board of Ethics within thirty days after the signing7
and transmission of the notice of the order.8
(b) A final decision of the Ethics Adjudicatory Board may be appealed by9
filing a written motion with the Ethics Adjudicatory Board within thirty days after10
the signing and transmission of the notice of the final decision, or if a rehearing is11
requested, within thirty days after the transmission of the notice of the decision of12
the Ethics Adjudicatory Board on the rehearing.13
(2)(a) Upon the unanimous vote of its members present and voting, the14
Board of Ethics may appeal a final decision of the Ethics Adjudicatory Board to the15
Court of Appeal, First Circuit, within thirty days after the signing and transmission16
of the notice of the final decision, or if a rehearing is requested, within thirty days17
after the transmission of the notice of the decision of the Ethics Adjudicatory Board18
on the rehearing. Only questions of law in a final decision may be appealed pursuant19
to this Paragraph, and the appeal shall be limited to the record created at the hearing20
before the adjudicatory panel of the Ethics Adjudicatory Board. For purposes of this21
Paragraph, "final decision" means the decision and order of the adjudicatory panel22
of the Ethics Adjudicatory Board on the final disposition of the entire matter the23
Ethics Adjudicatory Board was required to hear.24
(b) If the Board of Ethics does not prevail in the final disposition of its25
appeal, the Board of Ethics shall be responsible for the payment of reasonable26
attorney fees and court costs of the other party inclusive of all stages of litigation and27
appeal.28
(c) The amount of attorney fees shall be determined by the court of appeal29
and shall be set forth in the court's judgment.30 ENROLLEDHB NO. 942
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(3) Any refusal by the Board of Ethics to issue a declaratory opinion is1
subject to the supervisory jurisdiction of the appellate court as provided by Article2
V, Section 10 of the Constitution of Louisiana. The Court of Appeal, First Circuit,3
shall promulgate rules of procedure to be followed in taking and lodging such4
appeals.5
B. In the event that any public employee suspended or dismissed by order6
of the board Board of Ethics, or panel thereof, or by a final decision of the Ethics7
Adjudicatory Board, or any public employee suspended or dismissed by an8
appointing authority at by an order of the board Board of Ethics, or panel thereof, or9
a final decision of the Ethics Adjudicatory Board expressly for violation of any10
provision of law within the jurisdiction of the board Board of Ethics is ordered11
reinstated by a final court order upon appeal, the public employee shall be entitled12
to receive his back pay for the period of his suspension or improper dismissal less13
any earnings by him during the period from other sources, provided, however, that14
there shall be excluded from the mentioned deduction costs of court and reasonable15
attorney fees which shall be fixed by the court.16
C. Notwithstanding the provisions of this Section, a public employee who17
has attained permanent status in the classified state or city service, as provided in18
Article X, Section 1 of the Constitution of Louisiana, may, whenever any19
disciplinary action is taken against him by the board Board of Ethics, or panel20
thereof, or the Ethics Adjudicatory Board, or by an appointing authority by order of21
the board Board of Ethics, or panel thereof, or the Ethics Adjudicatory Board, appeal22
therefrom to the appropriate civil service commission, if written application to the23
board or panel that ordered the disciplinary action is made within thirty days after24
the decision of the board or panel becomes final. Any decision of a civil service25
commission may be appealed to the Court of Appeal, First Circuit, either by the26
board Board of Ethics or the public employee, if a written motion is filed with upon27
application to the civil service commission within thirty days after the decision of28
such civil service commission becomes final.29 ENROLLEDHB NO. 942
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D. Notwithstanding the provisions of this Section, any tenured public1
employee of a public institution of higher education in this state may, whenever any2
disciplinary action is taken against him by the board Board of Ethics, or panel3
thereof, or the Ethics Adjudicatory Board, or by the appointing authority by order of4
the board Board of Ethics, or panel thereof, or the Ethics Adjudicatory Board, appeal5
therefrom to the appropriate higher education management board, if the tenured6
employee files a written appeal with application to the board or panel that ordered7
the disciplinary action is made within thirty days after the order or the decision of the8
board or panel becomes final. Such appeal shall be solely on the record of the9
hearing of the board or panel that ordered the disciplinary action hearing and the10
board the Board of Ethics and the Ethics Adjudicatory Board shall adopt rules and11
regulations to effectuate the preparation of such record. If appeal is timely filed, the12
appropriate higher education management board shall review the record and decision13
shall be rendered thereon within one hundred twenty days of the receipt of the record14
from the board or panel that ordered the disciplinary action. Any decision of a15
higher education management board may be appealed to the Court of Appeal, First16
Circuit, as provided in this Chapter, either by the board Board of Ethics or by the17
tenured public employee, upon application to the appropriate higher education18
management board within thirty days after the decision of such higher education19
management board is rendered.20
E. A decision of the Ethics Adjudicatory Board or a panel thereof is a final21
decision that may be appealed under this Section in the same manner as a decision22
of the Board of Ethics within thirty days after the mailing of the notice of the23
decision, or if a rehearing is requested, within thirty days after mailing of the24
decision on the rehearing.25
Section 2. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27 ENROLLEDHB NO. 942
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: