SLS 12RS-430 ORIGINAL
Page 1 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 392
BY SENATOR AMEDEE
ETHICS. Provides the Board of Ethics a limited right to appeal decisions of the Ethics
Adjudicatory Board. (8/1/12)
AN ACT1
To amend and reenact R.S. 42:1142, relative to the Code of Governmental Ethics; to provide2
the Board of Ethics a limited right to appeal decisions of the Ethics Adjudicatory3
Board; to provide for clarification of duties relative to the Board of Ethics and the4
Ethics Adjudicatory Board; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 42:1142 is hereby amended and reenacted to read as follows: 7
ยง1142. Appeals8
A. Whenever action is taken against any public servant or person by the9
board or panel or by an agency head by order of the board or panel, or whenever any10
public servant or person is aggrieved by any action taken by the board or panel, he11
may appeal therefrom to the Court of Appeal, First Circuit, if application to the board12
is made within thirty days after the decision of the board becomes final. Any refusal13
by the board or panel to issue a declaratory opinion or any preliminary, procedural,14
or intermediate action or ruling by the board or panel is subject to the supervisory15
jurisdiction of the appellate court as provided by Article V, Section 10 of the16
Constitution of Louisiana. The Court of Appeal, First Circuit, shall promulgate rules17 SB NO. 392
SLS 12RS-430 ORIGINAL
Page 2 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of procedure to be followed in taking and lodging such appeals.1
(1)Whenever action is taken against any public servant or person by a2
final decision of the Ethics Adjudicatory Board, or panel thereof, or by an3
agency head by order of the Ethics Adjudicatory Board, or panel thereof, or4
whenever any public servant or person is aggrieved by any action taken by the5
Ethics Adjudicatory Board, or panel thereof, he may appeal to the Court of6
Appeal, First Circuit. Such final decision may be appealed by filing a written7
motion with the Ethics Adjudicatory Board within thirty days after the signing8
and mailing of the notice of the final decision, or if a rehearing is requested,9
within thirty days after mailing of notice of the decision of the Ethics10
Adjudicatory Board on the rehearing.11
(2) Upon the unanimous vote of its members, the Board of Ethics may12
appeal a final decision of the Ethics Adjudicatory Board or a panel thereof, to13
the Court of Appeal, First Circuit, within thirty days after the signing and14
mailing of the notice of the final decision, or if a rehearing is requested, within15
thirty days after mailing of notice of the decision of the Ethics Adjudicatory16
Board on the rehearing. Only questions of law of a final decision may be17
appealed pursuant to this Paragraph, and the appeal shall be limited to the18
record created at the hearing before the Ethics Adjudicatory Board. For19
purposes of this Paragraph, "final decision" means the decision and order of the20
Ethics Adjudicatory Board, or panel thereof, on the final disposition of the21
entire matter the Ethics Adjudicatory Board was required to hear.22
(3) Any refusal by the Board of Ethics to issue a declaratory opinion or23
any preliminary, procedural, or intermediate action or ruling by the Board of24
Ethics is subject to the supervisory jurisdiction of the appellate court as25
provided by Article V, Section 10 of the Constitution of Louisiana. The Court26
of Appeal, First Circuit, shall promulgate rules of procedure to be followed in27
taking and lodging such appeals.28
B. In the event that any public employee suspended or dismissed by order of29 SB NO. 392
SLS 12RS-430 ORIGINAL
Page 3 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the board Board of Ethics, or panel thereof, or by a final decision of the Ethics1
Adjudicatory Board, or panel thereof, or any public employee suspended or2
dismissed by an appointing authority at by an order of the board Board of Ethics,3
or panel thereof, or a final decision of the Ethics Adjudicatory Board or panel4
thereof, expressly for violation of any provision of law within the jurisdiction of the5
board Board of Ethics is ordered reinstated by a final court order upon appeal, the6
public employee shall be entitled to receive his back pay for the period of his7
suspension or improper dismissal less any earnings by him during the period from8
other sources, provided, however, that there shall be excluded from the mentioned9
deduction costs of court and reasonable attorney fees which shall be fixed by the10
court.11
C. Notwithstanding the provisions of this Section, a public employee who has12
attained permanent status in the classified state or city service, as provided in Article13
X, Section 1 of the Constitution of Louisiana, may, whenever any disciplinary action14
is taken against him by the board Board of Ethics, or panel thereof, or the Ethics15
Adjudicatory Board, or panel thereof, or by an appointing authority by order of the16
board Board of Ethics, or panel thereof, or the Ethics Adjudicatory Board, or17
panel thereof, appeal therefrom to the appropriate civil service commission, if18
written application to the board which ordered the disciplinary action or the19
board of the panel which ordered the disciplinary action is made within thirty20
days after the decision of the board or panel becomes final. Any decision of a civil21
service commission may be appealed to the Court of Appeal, First Circuit, either by22
the board Board of Ethics or the public employee, if a written motion is filed with23
upon application to the civil service commission within thirty days after notice of the24
decision of such civil service commission becomes final.25
D. Notwithstanding the provisions of this Section, any tenured public26
employee of a public institution of higher education in this state may, whenever any27
disciplinary action is taken against him by the board Board of Ethics, or panel28
thereof, or the Ethics Adjudicatory Board, or panel thereof, or by the appointing29 SB NO. 392
SLS 12RS-430 ORIGINAL
Page 4 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
authority by order of the board Board of Ethics, or panel thereof, or the Ethics1
Adjudicatory Board, or panel thereof, appeal therefrom to the appropriate higher2
education management board, if the tenured employee files a written appeal with3
application to the board which ordered the disciplinary action or the board of the4
panel which ordered the disciplinary action is made within thirty days after the5
order or the signing and mailing of the notice of the decision of the board or panel6
becomes final. Such appeal shall be solely on the record of the hearing of the board7
or panel which ordered the disciplinary action hearing and the board the Board8
of Ethics and the Ethics Adjudicatory Board shall adopt rules and regulations to9
effectuate the preparation of such record. If appeal is timely filed, the appropriate10
higher education management board shall review the record and decision shall be11
rendered thereon within one hundred twenty days of the receipt of the record from12
the board which ordered the disciplinary action or the board of the panel which13
ordered the disciplinary action. Any decision of a higher education management14
board may be appealed to the Court of Appeal, First Circuit, as provided in this15
Chapter, either by the board Board of Ethics or by the tenured public employee,16
upon application to the appropriate higher education management board within thirty17
days after the decision of such higher education management 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
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lauren Bailey.
DIGEST
Present law authorizes any party aggrieved by an action of the board or a panel thereof the
right to appeal to the First Circuit Court of Appeal within 30 days after action taken by the
board becomes final.
Proposed law retains present law. SB NO. 392
SLS 12RS-430 ORIGINAL
Page 5 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law authorizes any party aggrieved by a final decision of the Ethics Adjudicatory
Board (EAB) or a panel thereof the right to appeal to the First Circuit Court of Appeal within
30 days after signing and mailing of notice of the final decision.
Proposed law retains present law.
Proposed law authorizes the Board of Ethics, upon unanimous vote of the members, to
appeal questions of law of a final decision of the EAB to the First Circuit Court of Appeal
within 30 days after the signing and mailing of the notice of a final decision by the EAB.
Proposed law provides that if a person charged prevails in their appeal, the Board of Ethics
shall be responsible for payment of reasonable attorney fees and court costs for the appeal.
Effective August 1, 2012.
(Amends R.S. 42:1142)