DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 296 Original 2015 Regular Session Tim Burns
Abstract: Provides an exception to the Public Records Law for certain records of the Board of
Ethics and for the expungement of records relative to ethics code enforcement under certain
circumstances and pursuant to certain procedures.
Present law (Code of Governmental Ethics, R.S. 42:1101 et seq.) provides ethical standards for
public officials and employees and certain other persons, including prohibited conflicts of interest
involving payments from nonpublic sources, prohibited participation in transactions, prohibited
contractual arrangements, prohibited gifts, abuse of office, nepotism, financial disclosure, and post
public service restrictions. Provides definitions and exceptions.
Present law provides for the Board of Ethics and the Ethics Adjudicatory Board. Provides for the
composition and the powers and duties of each board. Provides that the ethics board receives
complaints, conducts investigations concerning alleged violations of laws within its jurisdiction
(including the Code of Governmental Ethics), and issues charges based on such alleged violations.
Provides that the adjudicatory board conducts hearings on the charges to determine whether a
violation has in fact occurred and, if a violation has occurred, determines what penalties or other
sanctions should be imposed.
Present law (Public Records Law, R.S. 44:1 et seq.) provides that all books, records, writings,
accounts, letters and letter books, maps, drawings, photographs, cards, tapes, recordings,
memoranda, and papers, and all copies, duplicates, photographs, including microfilm, or other
reproductions thereof, or any other documentary materials, regardless of physical form or
characteristics, including information contained in electronic data processing equipment, having been
used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or
performance of any business, transaction, work, duty, or function which was conducted, transacted,
or performed by or under the authority of the constitution or laws of the state, or by or under the
authority of any ordinance, regulation, mandate, or order of any public body or concerning the receipt
or payment of any money received or paid by or under the authority of the constitution or the laws
of the state are "public records". Establishes a framework for the ready availability of public records
to requesting persons, and specifically provides that it is the duty of the custodian of the public
records for a public entity or agency to provide copies to persons so requesting.
Present law provides for certain exceptions, exemptions, and limitations. Specifies that any
exception, exemption, or limitation to the laws pertaining to public records not provided for in the
Public Records Law or in the constitution shall have no effect. Present law (R.S. 42:1141.4 - Code of Governmental Ethics) provides that the records of the Board
of Ethics prepared or obtained in connection with investigations and private hearings conducted by
the board, including all extracts of minutes and votes to take any matter under consideration in
connection therewith, shall be deemed confidential and privileged, except that such records shall be
available to each member of the board. Further specifies that except as provided in this provision
of present law and in a provision of present law relative to certain transactional disclosure reports,
all records, including the results and conclusions reached in connection with any investigation or
hearing, shall be public.
Proposed law provides an additional exception to present law (Public Records Law) for records, or
the information contained therein, held by the Board of Ethics pertaining to enforcement
proceedings. Provides, however, that any such record shall be public record and subject to the
provisions of present law when introduced as evidence before the Ethics Adjudicatory Board or a
court or when the enforcement proceedings are concluded, subject to the limitations in present law
(R.S. 42:1141.4).
In addition, proposed law provides that a person may request expungement of ethics enforcement
records relative to a complaint filed with the Board of Ethics alleging that the person violated one
or more provisions of present law (Code of Governmental Ethics) if each of the following
requirements is satisfied:
(1)The allegations in the complaint involved the person's status as a public employee.
(2)The person was a public employee solely because of his uncompensated service on a board
or commission.
(3)The Board of Ethics issued charges based on the complaint that, at the conclusion of
enforcement proceedings, did not result in a finding of a violation of present law (Code of
Governmental Ethics).
Proposed law provides requirements and procedures for expungement. Provides that if expungement
is ordered, the Board of Ethics and the Ethics Adjudicatory Board shall remove from public access
all ethics enforcement records that are ordered to be expunged. Provides, however, that the records
shall not be destroyed. Provides that an expunged ethics enforcement record shall be privileged,
confidential, no longer be considered a public record, and not be made available to any person or
other entity, except that any such record shall be available to each member of the Board of Ethics
and the Ethics Adjudicatory Board and to their respective staff members.
Proposed law provides further that all records and deliberations concerning a request for
expungement shall be confidential and shall not be made available to any person or other entity,
except that any such record shall be available to each member of the Board of Ethics and its staff.
(Amends R.S. 44:4.1(B)(28); Adds R.S. 42:1191-1194 and R.S. 44:3.4)