Louisiana House Bill 41 (2008)

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Contents

[edit] Introduction

Louisiana House Bill 41 concentrates on the enforcement of laws within the Board of Ethics Jurisdiction. It creates the Board of Ethics Adjudication Board and sets the responsibilities and standards for it. Louisiana House Bill 41 is a piece of legislation that was passed during the special session of transparency and ethics reform held from February 10th to February 26th 2008.


[edit] Selection of Adjudication Board Members

Selected by the director of the division of administrative law. Randomly select seven judges who meet the following criteria:

  • Must have at least 2 years experience as an administrative law judge.
  • Must have at least 10 years experience practicing administrative law.

The Selection process: Members of the Adjudication Board will be randomly selected at public Board of Ethics meetings. The first Adjudication Board must be selected by August 14, 2008 and will serve until January 1st, 2009. After this, selections will be made for 1-year terms, which will begin on January 1st and end on December 31st. There is no limit tot he number of terms that may be served since the selection is random.


[edit] Government Restrictions on Adjudication Board Members

Must file the same financial disclosure laws as the Board of Ethics Members. Members must follow the same regulations on government contracts as members of the Ethics Board.

[edit] Operations of the Adjudication Board

The board will meet in rotations of three members The senior most Administrative law judge will preside over business of the Board The Board may not hold a public hearing until after the person charged has exhausted all efforts of re-hearing and appellate review.

If the Public Hearing does not being "clear and convincing" evidence, then the Board must make an official determination of its findings and close the case. The person charged and the complaintant must recieve written notice of the final decision within 10 days.


[edit] Adjudicatory Board Investigation Procedure

  • Shall conduct a private investigation when a sworn complaint is filed, or when the board votes to investigate a matter.
  • The Defendant and Complainant will receive written notification at least 10 days prior to the start of an investigation.
  • All final decisions will be made by a majority vote of the panel.

If the board decides to hold a public hearing to collect evidence, or to determine if criminal actions have occurred, the Defendant and the Complainant will receive written notices at least 10 days prior to the hearing.

  • The Adjudication Board may determine what penalties or sanctions will be ordered for any violation found within its jurisdiction.

[edit] Failure to file charges

If the board does not file charges within 1 year of receiving a complaint, or if no complaint has been made, file charges within 1 year of making a decision, the matter will be dismissed.

[edit] Powers of the Board

For proper execution of a hearing the Board has the powers to do the following:

  • Administer oaths and affirmations
  • subpoena witnesses and compel their attendance
  • Take evidence
  • require the production of any relevant records


[edit] Rights of the Defendant and rights of Witnesses

Any person who is the subject of a hearing has the rights to an attorney, to cross examine witnesses, to call witnesses and to present evidence on his behalf.

Any person charged by the board may request in writing the full proceedings of any evidence and testimony used in the case, except for those of private hearings held by the Board.

Any person called by the Board who does not appear will be found in contempt of court

Any witness who gives testimony to the Board, will be provided with a written copy of his or her statements if the witness will be required to testify in a similar criminal case.

Any person who is aggrieved by any action taken by the Adjudication Board may file a request for the review of the decision. The Board of Ethics must decide within 14 days whether to review the decision.


[edit] False Accusations

Any complainant who gives false information or files a false charge will be punished by the provisions in Louisiana "RS 42:1153."

The Board of Ethics by a majority vote may assign the following penalties:

  • May be removed from his or her position
  • May be demoted
  • May face a reduction in pay
  • May be censured by the Board
  • Responsible for a fine of $10,000 or less

These are the same penalties that may be charged to anyone found to be guilty of a violation under the Board's jurisdiction.


[edit] Open Records

The board shall give public notice for any meetings that it will hold.

The current investigation records and private hearing records of the Board, including all minutes and votes, will be considered priviledged and confidential and only available to Board members for review.

Any Board Member, secretary, or other employee who makes any statement or record public of an ongoing case will be guilty of a misdemeanor offense punishable by up to 1 year in jail and a $2,000 fine, unless the person had written permission from the person being innestigated.

All records, including results and decisions in connection with any hearing or investigation shall be public.


[edit] Cap on Government Expansion

Only four new State paid positions may be created for this act:

  • Two administrative law judges
  • One attorney
  • One clerical worker

[1]


[edit] House Votes

"House Approval"

  • Yeas: 95
  • Nays: 3
  • Absent: 6


[edit] Senate Votes

"Senate Approval"

Yeas: 33 Nays: 3 Absent: 3


[edit] External links

[edit] References

  1. ↑ "House Bill 41"
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