Morrell (SB 159) Act No. 94
New law prohibits the managing director and employees of the Office of Police and
Secondary Employment (OPSE), or its successor, from communicating with the New
Orleans Police Department, its staff, officers, or superintendent, except for communications
concerning paid detail or secondary employment assignments or communications with the
Public Integrity Bureau. Applies to any other entity which may be created or which
supercedes OPSE to oversee or manage paid details or secondary employment of New
Orleans city police officers.
Requires that the office of the independent police monitor investigate any complaint
concerning any detail or secondary employment of a New Orleans police officer and may
examine, review, audit, inspect, and investigate the records, books, reports, documents,
papers, correspondence, accounts, audits, inspections, reviews, recommendations, plans,
films, tapes, pictures, computer hard drives, software data, hardware data, e-mails, instant
messages, text messages, and any other data and material relevant to any detail or secondary
employment complaint and may issue an administrative subpoena duces tecum to require
the production of books, records, documents, or other evidence deemed relevant or material
to an investigation.
Requires that any subpoena duces tecum be served by certified mail, return receipt
requested, at the addressee's residence or business address and that the recipient of the
subpoena may file a motion with the Civil District Court for the parish of Orleans to amend
or quash the subpoena. Authorizes the office of independent police monitor to apply for a
court order compelling compliance with the subpoena. Provides that costs and attorney's fees
incurred by the office of the independent police monitor are to be taxed against the person
who failed or refused to comply with the subpoena.
Authorizes the office of the independent police monitor to apply for an order protecting
materials if it has reason to believe that an attempt will be made to conceal or destroy the
materials.
Authorizes the office of the independent police monitor to examine the accounts and books
of OPSE, or any other entity created or which supercedes OPSE.
Prohibits the head of the OPSE from being within the chain of command of the New Orleans
Police Department but is bound by the Police Officers Bill of Rights and is prohibited from
disciplining an officer.
Requires the chief management officer for the OPSE to refer all complaints of
unprofessional conduct to the Public Integrity Bureau.
Restricts the maximum administrative fee on hourly detail or secondary employment to five
dollars per hour.
Requires that all communications of OPSE regarding references to police officers,
employees of NOPD, and businesses and other contracting entities regarding details or
secondary employment be subject to a public records request and the information is
considered a public record and shall be available under the Freedom of Information Act
request.
Effective upon signature of the governor (June 4, 2013).
(Adds R.S. 33:2339)