§ 42:1134 — Powers, duties, and responsibilities of the board

Louisiana § 42:1134

• Jurisdiction: Louisiana
• Title 42: Public Officers and Employees

Text

§1134. Powers, duties, and responsibilities of the board
A.(1) The Board of Ethics may adopt, amend, repeal, and enforce rules and
regulations in the manner provided by the Administrative Procedure Act to carry out the
provisions and purposes of this Chapter and any other law within its jurisdiction.
(2) The board shall provide for procedural rules governing the establishment and
implementation of time periods for the dismissal of a complaint, the filing of a formal
charge, the notification of the parties of the rendition of a decision, and the assessment of
penalties.
(3) Notwithstanding the provisions of Paragraph (1) of this Subsection or the
Administrative Procedure Act, all forms required by R.S. 42:1124, 1124.2, 1124.2.1, 1124.3,
and 1124.5 shall be prepared and prescribed by the Board of Ethics as provided in this
Paragraph. The board shall submit all such proposed forms to the Senate Committee on
Senate and Governmental Affairs and the House Committee on House and Governmental
Affairs for review and approval. The approval of each legislative committee shall be
required prior to the utilization of a form to satisfy the requirements of R.S. 42:1124, 1124.2,
1124.2.1, 1124.3, or 1124.5. Upon receipt of a proposed form, the legislative committees
shall meet, either separately or jointly, within sixty days to consider and act on the proposed
form. Approval by either legislative committee, meeting separately, shall require a favorable
vote of a majority of the members present and voting, a quorum of the legislative committee
being present. Approval by the two legislative committees, meeting jointly, shall require a
favorable vote of a majority of the members of each legislative committee present and
voting, each committee voting separately, a quorum of the joint legislative committee being
present. If the proposed form fails to receive the approval of both legislative committees
within sixty days after submission by the supervisory committee, the proposed form shall be
withdrawn from consideration.
B.(1) The board shall select an executive secretary who shall perform the necessary
administrative and other functions that the board may delegate. The executive secretary shall
be a full-time public employee and shall not engage in any employment with any other
agency of the state or with a political subdivision or agency thereof or enter into any contract
or subcontract with any other agency of the state or with a political subdivision or agency
thereof. All investigations, normal staff functions, and legal services shall be conducted by
the staff of the Department of State Civil Service under the authority and direction of the
board. The board may obtain investigative assistance from any agency.
(2)(a) The board shall select an ethics administrator to serve as general counsel to
the board, to provide general office management, and to perform other functions that the
board may delegate.
(b) The ethics administrator shall be a full-time public employee and shall not engage
in any employment with any other agency of the state or with a political subdivision or
agency thereof or enter into any contract or subcontract with any other agency of the state or
with a political subdivision or agency thereof. In addition, the ethics administrator shall not
engage in outside business activities requiring active participation as determined by the
board. For purposes of this Subparagraph, "outside business activities requiring active
participation" shall include but not be limited to the practice of any profession for
compensation other than in performing his public duties and responsibilities as ethics
administrator.
C. The board may conduct private investigations in carrying out the board's
responsibilities and powers under this Chapter and in obtaining information to serve as a
basis for recommending additional legislation related to the purposes of this Chapter.
D. The board or a panel thereof may conduct private and public hearings in the
discharge of the board's responsibilities.
E. The board may render advisory opinions with respect to the provisions of this
Chapter and any other law within its jurisdiction and rules and regulations issued by the
board. To facilitate this process, the board may provide by rule, for a consent agenda of
proposed decisions on advisory opinions which shall be researched and prepared by the
board's staff. Such rules shall provide for removing from the consent agenda any proposed
advisory opinion which a member objects to considering on the consent agenda. Only those
advisory opinions which are based on and consistent with prior opinions rendered by the
board or its predecessors or prior decisions made by the board shall be placed on the consent
agenda. The board may review and revise any opinion prepared by staff which has been or
shall be placed on the consent agenda.
F. The board shall receive reports from agencies and collect information with respect
to, and conduct studies of, personal conflicts of interest of public servants within its
jurisdiction.
G. The board may consult with appropriate officials with respect to conflict of
interest matters affecting more than one public agency.
H. The board may consult with agency heads and with appropriate officers
designated by them as to the administration of this Chapter, within the board's jurisdiction,
within their respective agencies and the regulations issued hereunder applicable to their
respective agencies.
I. The board shall provide semi-annual reports and information to the governor, the
legislature, and to governing authorities concerning the administration of this Chapter within
its jurisdiction and conflict of interest matters generally. The board shall include in its
reports all of the following:
(1) Aggregated data regarding investigations, including:
(a) Aggregated data regarding the number of complaints received.
(b) Aggregated data regarding the number of investigations.
(c) Aggregated data regarding the number and value of penalties and fees.
(d) Aggregated data regarding the number and value of penalty and fee waivers.
(e) Aggregated data regarding the number and nature of court and Ethics
Adjudicatory Board proceedings regarding investigations.
(f) Aggregated data regarding categories of alleged violations yielding investigations.
(2) Aggregated data regarding charges issued, including:
(a) Aggregated data regarding the number of charges.
(b) Aggregated data regarding the length of proceedings resulting from charges.
(c) Aggregated data regarding categories of alleged violations yielding charges.
(3) Advisory opinions issued by the board.
(4) Judgments and opinions by the Ethics Adjudicatory Board and by state and
federal courts interpreting this Chapter.
J. The board shall make recommendations to the governor and the legislature for
revisions in the Code of Governmental Ethics and other legislation relating to the conduct
of public servants and other persons subject to the provisions of this Chapter who are within
its jurisdiction.
K. The board shall do and perform such other acts, duties, and functions as are
provided elsewhere in this Chapter as it shall deem appropriate in connection with the
provisions of this Chapter within its jurisdiction, except those duties and functions of the
Ethics Adjudicatory Board.
L. The board shall establish and implement a policy to provide information and
material, in booklet form, by seminar, or by other means to any individual appointed to a
public board or commission, that is not a state board or commission, which would inform
them of the provisions of the Code of Governmental Ethics which are applicable to such
appointed positions. The board may adopt and charge a fee, in accordance with the
Administrative Procedure Act, for any material or seminar provided pursuant to this
Subsection.
M. The board shall establish a computerized data management system for the
collection and dissemination of any material pursuant to the provisions of this Chapter and
for the processing of any reports required to be filed with the board pursuant to the provisions
of this Chapter, Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, or any
other provision of law. On a regular basis, the board shall offer training on the use of this
system as well as educational materials detailing the procedures necessary to file such reports
electronically.
N.(1) On a regular basis, the board shall conduct educational activities, seminars, and
publish appropriate materials which provide instruction and information relative to the
subjects of ethics and conflicts of interest concerning the following provisions: the Code of
Governmental Ethics; the Campaign Finance Disclosure Act; the provisions of Part III of
Chapter 1 of Title 24 relative to lobbying of the legislature; the provisions of Part IV of
Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950 relative to lobbying of
executive branch agencies; the provisions of Chapter 46 of Title 33 of the Louisiana Revised
Statutes of 1950, relative to lobbying local government; the Louisiana Riverboat Economic
Development and Gaming Control Act; the Louisiana Economic Development and Gaming
Corporation Act; the Louisiana Lottery Corporation Law; the Video Draw Poker Devices
Control Law; and any other matter within the board's jurisdiction or as provided in this
Chapter. Such activities, seminars, and materials shall explain the law in plain language and
shall be open or available to public servants in all state and local agencies, persons who do
business with such agencies, candidates, lobbyists, and any other interested persons.
(2) The board shall design and make available to all interested persons via the
Internet training and educational materials pertaining to the Code of Governmental Ethics;
the Campaign Finance Disclosure Act; the provisions of Part III of Chapter 1 of Title 24
relative to lobbying of the legislature; the provisions of Chapter 46 of Title 33 of the
Louisiana Revised Statutes of 1950, relative to lobbying local government; and the
provisions of Part IV of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950
relative to lobbying of executive branch agencies.
(3) The board shall conduct educational seminars specifically designed to educate
persons involved in filing campaign finance disclosures, including committee chairmen and
treasurers, professional campaign managers, public relations firms and advertising agencies,
attorneys, and certified professional accountants, regarding the Campaign Financial
Disclosure Act. The board shall make reasonable efforts to assure that the seminars qualify
for continuing legal education credits and continuing education credits for certified public
accountants.
O. The board shall publish, both in hard copy format and via the Internet, all public
charges, opinions, letters of advice, and decisions of the Board of Ethics and its predecessors,
the Board of Ethics for Elected Officials and the Commission on Ethics for Public
Employees, concerning all of the laws under the jurisdiction of the board. In addition, the
Board of Ethics shall compile and publish, both in hard copy format and via the Internet, an
index referencing each such charge, opinion, letter of advice, and decision of the Board of
Ethics and its predecessors, the Board of Ethics for Elected Officials and the Commission
on Ethics for Public Employees, to the specific citation or citations of law on which the
charge, opinion, letter of advice, or decision is based.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of
Act.

Legislative History

Acts 1979, No. 443, §1, eff. April 1, 1980. Amended by Acts 1981, No. 59, §2, eff. June 17, 1981; Acts 1993, No. 909, §1; Acts 1996, 1st Ex. Sess., No. 64, §§6, 10, eff. Jan. 1, 1997; Acts 2004, No. 116, §1, eff. Jan. 1, 2005; Acts 2007, No. 315, §1, eff. Jan. 1, 2008; Acts 2007, No. 442, §1, eff. Aug. 15, 2008; Acts 2010, No. 788, §1, eff. Jan. 1, 2011; Acts 2012, No. 608, §1, eff. June 7, 2012; Acts 2014, No. 857, §2; Acts 2025, No. 301, §1, eff. June 11, 2025.