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Regular Session, 2013 ENROLLED
SENATE BILL NO. 159
BY SENATOR MORRELL AND REPRESENTATI VE HAZEL
AN ACT1
To enact R.S. 33:2339, relative to municipal law enforcement; to provide relative to detail2
or secondary employment administered or managed by the city of New Orleans or3
any other entity; to provide relative to communications; to provide relative to4
administrative fees; to provide relative to public records; to authorize the subpoena5
of certain records regarding detail or secondary employment; and to provide for6
related matters.7
Notice of intention to introduce this Act has been published.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 33:2339 is hereby enacted to read as follows:10
ยง2339. Detail or secondary employment; city of New Orleans11
A.(1) The managing director and employees of the Office of Police and12
Secondary Employment (OPSE), or its successor, may only communicate with13
the New Orleans Police Department, its staff, officers, or superintendent14
regarding matters concerning paid detail or secondary employment15
assignments. All other matters shall be communicated in writing, in a16
standardized format available for public review. The provisions of this17
Subsection shall not apply to the Public Integrity Bureau.18
(2) The provisions of this Section shall apply to any other entity which19
may be created, or which supercedes OPSE, to oversee or manage paid details20
or secondary employment of New Orleans city police officers.21
B.(1) The office of the independent police monitor shall investigate any22
complaint concerning any detail or secondary employment of a New Orleans23
ACT No. 94 SB NO. 159 ENROLLED
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city police officer. In addition, the office of the independent police monitor may1
examine, review, audit, inspect, and investigate the records, books, reports,2
documents, papers, correspondence, accounts, audits, inspections, reviews,3
recommendations, plans, films, tapes, pictures, computer hard drives, software4
data, hardware data, e-mails, instant messages, text messages, and any other5
data and material relevant to any detail or secondary employment complaint6
and may issue an administrative subpoena duces tecum to require the7
production of books, records, documents, or other evidence deemed relevant or8
material to an investigation. The subpoena duces tecum shall comply with all9
applicable constitutionally established rights and processes.10
(a) The subpoena duces tecum may be served by certified mail, return11
receipt requested, at the addressee's residence or business address.12
(b) The entity receiving the subpoena duces tecum may file a motion with13
the Civil District Court for the parish of Orleans to amend or quash the14
subpoena. The motion shall be filed any time before the date for attendance or15
compulsion specified in the subpoena or within twenty days after the subpoena16
duces tecum has been served, whichever is earlier. In no event shall any penalty17
attach to the recipient of such an administrative subpoena duces tecum for18
failure to respond without an order from the Civil District Court for the parish19
of Orleans.20
(c) If the subpoena duces tecum is not quashed and is not complied with21
by the date for production of documents, the office of the independent police22
monitor may apply to the Civil District Court for the parish of Orleans for an23
order compelling compliance with the subpoena. Any person failing to comply24
with the order compelling compliance shall be adjudged in contempt of court.25
(d) Any costs and attorney's fees incurred by the office of the26
independent police monitor shall be taxed against the person who failed or27
refused to comply with the terms of the subpoena.28
(e) When the office of the independent police monitor has reason to29
believe that a person may attempt to conceal or destroy materials essential to30 SB NO. 159 ENROLLED
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an investigation, examination, audit, or inspection, such office may apply by1
verified petition to the Civil District Court for the parish of Orleans for an2
order protecting the materials from concealment or destruction. The court may3
order and fix the amount of a bond to be posted and conditioned upon4
compliance with the terms of the subpoena. The order shall be directed to the5
person upon whom the subpoena will be served and to any other person6
necessary to protect the materials from concealment or destruction.7
(2) The office of the independent police monitor may examine the8
accounts and books of OPSE, or any other entity which may be created, or9
which supercedes the Office of Police and Secondary Employment, to oversee10
or manage paid details or secondary employment of New Orleans city police11
officers.12
C.(1) The head of OPSE shall not be within the chain of command of the13
New Orleans Police Department but shall be bound to observe the Police14
Officers Bill of Rights and shall be prohibited from disciplining an officer.15
(2) The chief management officer for the OPSE shall refer all complaints16
of unprofessional conduct to the Public Integrity Bureau.17
D. The maximum administrative fee on hourly detail or secondary18
employment shall be five dollars per hour.19
E. Each assignment of paid police detail and secondary employment, as20
well as any exempted detail or details exempted from rotation, the name of any21
coordinator assigned to such detail, as well as the rationale given for any22
exemption from detail policy or procedure shall be a public record subject to23
the Public Records Law.24
F. All communications of OPSE, its managing director and employees25
regarding references to police officers, employees of the New Orleans Police26
Department, and businesses and other contracting entities regarding details or27
secondary employment shall be subject to a public records request and the28
information shall be considered a public record pursuant to R.S. 44:1 et seq.,29
and shall also be available under the Freedom of Information Act.30 SB NO. 159 ENROLLED
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G. As used in this Section, "OPSE" shall mean the Office of Police and1
Secondary Employment or any other entity which may be created, or which2
supercedes the Office of Police and Secondary Employment, to oversee or3
manage paid details or secondary employment of New Orleans city police4
officers.5
H. The provisions of this Section shall not apply to any police details or6
secondary employment by police personnel on behalf of any district created7
pursuant to Part II of Chapter 29 of Title 33 of the Louisiana Revised Statutes8
of 1950.9
Section 2. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: