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Regular Session, 2012 ENROLLED
SENATE BILL NO. 615
BY SENATOR APPEL
AN ACT1
To amend and reenact R.S. 33:9613(A)(3) and 9614(B) and (C), to enact R.S. 33:9613(A)(4)2
and 9614(D) and (E), relative to local ethics entities, including but not limited to an3
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 published.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 33:9613(A)(3) and 9614(B) and (C) are hereby amended and11
reenacted and R.S. 33:9613(A)(4) and 9614(D) and (E) are hereby enacted to read as12
follows: 13
§9613. Investigative powers14
A.(1) * * *15
(3) In the performance of its duties, a local ethics entity, ethics review board,16
or office of the inspector general may compel the attendance of witnesses to be17
deposed under oath or the production of public and private records by issuing a18
subpoena. However Except as provided in Paragraph (4) of this Subsection, such19
a subpoena or subpoena duces tecum shall be issued only upon approval of a judge20
of the district court of the parish in which a local ethics entity, ethics review board,21
ACT No. 838 SB NO. 615 ENROLLED
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or office of inspector general is domiciled upon application in writing by such entity,1
board, or office. The judge shall issue a written decision within seventy-two hours2
after receipt of such application. Any subpoena for production of private records3
shall be in compliance with all applicable constitutionally established rights and4
processes. Any request for financial records in the possession or under the control5
of a bank pursuant to this Chapter is subject to and shall comply with the6
requirements and procedures of R.S. 6:333. The subpoena may be served by certified7
mail, return receipt requested, at the addressee's residence or business address, or by8
representatives appointed by the local ethics entity, ethics review board, or office of9
inspector general, or may be directed for service to the office of the municipal police.10
If a person refuses to obey a subpoena issued by the local ethics entity, ethics review11
board, or office of inspector general, the district court of the parish in which the local12
ethics entity, ethics review board, or office of inspector general is domiciled may13
issue an order to the person requiring the person to appear before the court to show14
cause why an order shall not be issued ordering such person to obey the subpoena.15
(4)(a) In the performance of its duties, a local office of inspector general16
in the city of New Orleans or parish of Jefferson may issue an administrative17
subpoena duces tecum to require the production of books, records, documents,18
or other evidence deemed relevant or material to an investigation, audit, or19
inspection. The subpoena duces tecum shall be issued only in furtherance of the20
authority provided by local ordinance and by Subsections D and E of this21
Section and shall comply with all applicable constitutionally established rights22
and processes.23
(b) The subpoena duces tecum may be served by certified mail, return24
receipt requested, at the addressee's residence or business address.25
(c) The entity receiving the subpoena duces tecum may file a motion with26
the district court of the parish in which the office of inspector general is27
domiciled to amend or quash the subpoena. The motion shall be filed any time28
before the date for attendance or compulsion specified in the subpoena or29
within twenty days after the subpoena duces tecum has been served, whichever30 SB NO. 615 ENROLLED
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is earlier. In no event shall any penalty attach to the recipient of such an1
administrative subpoena duces tecum for failure to respond without an order2
from the district court of the parish in which the office of inspector general is3
domiciled.4
(d) If the subpoena duces tecum is not quashed and is not complied with5
by the date for production of documents, the office of the inspector general may6
apply to the district court of the parish in which the office of inspector general7
is domiciled for an order compelling compliance with the subpoena. Any person8
failing to comply with the order compelling compliance shall be adjudged in9
contempt of court.10
* * *11
§9614. Confidentiality of preliminary investigations certain records12
* * *13
B. Any material, records, data, and information compiled by an office of14
inspector general in an investigation, examination, audit, inspection, or performance15
review under this Chapter is confidential and privileged and not subject to R.S. 44:116
et seq., until the investigation, examination, audit, inspection, or performance review17
is complete. The investigation, examination, audit, inspection, or performance review18
is not deemed complete if the office of inspector general has submitted material,19
records, data, and information from or the results of such investigation, examination,20
audit, inspection, or performance review to any other law enforcement or regulatory21
agency for further investigation or for the filing of criminal or civil prosecution, and22
if such investigation or prosecution has not been completed or become inactive.23
C. Except for the completed reports, findings, advisories, letters, and24
recommendations of investigations, audits, inspections, performance reviews,25
qualitative assurance reviews, peer reviews, annual operating budgets, and annual26
office reports, the records prepared or obtained by the ethics entity, ethics review27
board, or office of inspector general shall be deemed confidential and privileged and28
protected from disclosure pursuant to R.S. 44:3. In order to maintain the29
confidentiality of such materials, the ethics entity, ethics review board, or office of30 SB NO. 615 ENROLLED
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inspector general may meet and make decisions in executive session. No privilege1
established by law shall be deemed waived on any record obtained by the ethics2
entity, ethics review board, or office of inspector general in connection with the3
performance of duties established by this Chapter. Any record or information4
obtained by the ethics entity, ethics review board, or office of inspector general5
which is confidential or privileged pursuant to any other provision of law shall6
remain confidential or privileged, and it shall be a misdemeanor punishable by a7
fine of not more than two thousand dollars or imprisonment for not more than one8
year, or both, for the ethics entity, ethics review board, or office of inspector general9
or any designated staff member or any other public official, corporation, or10
individual to make public any such information or record.11
D. The provisions of this Section shall not prevent access during the12
course of an inspector general investigation to public records that are not13
otherwise privileged or confidential. The custodian of any public record shall14
provide such record to any person having the right to examine public records.15
If the only copy of such public record is in the hands of the inspector general,16
the custodian of that record shall so certify, and the requestor may examine and17
copy the record at the office of the inspector general.18
E. Notwithstanding Subsections B and C of this Section, the legislative19
auditor shall have the authority to examine, audit, inspect or copy all records20
compiled, prepared or obtained by the ethics entity, ethics review board or21
office of inspector general, including but not limited to all books, accounts,22
papers, documents, records, files, instruments, films, tapes, and any other forms23
of recordation, including but not limited to computers and recording devices,24
whether confidential, privileged or otherwise. However, the legislative auditor25
shall comply with all restrictions imposed by law on documents, data, or26
information deemed confidential and privileged by law and furnished to the27
legislative auditor.28
Section 2. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 615 ENROLLED
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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
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: