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rs-title-42•Title 42 — Public Officers and Employees
rs-title-42La. Rev. Stat. tit. 42Code1 janv. 1900
As used in this title, the term "public office" means any state, district, parish or municipal office, elective or appointive, or any position as member on a board or commission, elective or appointive, when the office or position is established by the constitution or laws of this state.
"Public officer" is any person holding a public office in this state.
Every public officer in this state except in case of impeachment or suspension shall continue to discharge the duties of his office until his successor is inducted into office.
Amended by Acts 1975, No. 103, §1; Acts 2008, No. 875, §1; Acts 2016, No. 71, §1, eff. May 10, 2016.
A. In making appointments to any board, commission, council, authority, or other similar entity that has statewide jurisdiction and is established by law, rule, executive order, or otherwise, the appointing authority shall give due consideration to the demographics of the population of the state, including but not limited to geography, gender, and race.
B. No person shall have any right of action pursuant to this Section against an appointing authority or any board, commission, council, authority, or other similar entity or against any action of such an entity.
C. No person owing any outstanding fines, fees, or penalties pursuant to the Code of Governmental Ethics shall be appointed to any board or commission of the state or any political subdivision.
D. For purposes of this Section, "outstanding fines, fees, or penalties pursuant to the Code of Governmental Ethics" shall mean a fine, fee, or penalty equal to an amount of two hundred fifty dollars or more imposed by the Board of Ethics for which all appeals have been exhausted.
Acts 2004, No. 733, §1, eff. Jan. 1, 2005; Acts 2014, No. 754, §1.
A. No appointing authority shall appoint to any board, commission, council, authority, or similar entity a person who is a member of the immediate family of a person who serves on the board, commission, council, authority, or similar entity at the time of the appointment.
B. For purposes of this Section, "immediate family" shall have the same meaning as provided in R.S. 42:1102.
Acts 2014, No. 696, §1.
The term of office of all employees or officials elected by any state, district, parochial or municipal board shall not be for a longer period of time than the term of office of the membership of the board electing them so that each respective board shall elect its own officers and employees. This Section does not apply to the officers or employees of any board governed by a civil service law of this state or of any parish or municipality thereof.
Each legislative member of a board or commission shall receive a per diem equal to the per diem provided by law for members of the legislature.
Added by Acts 1981, No. 221, §1.
Repealed by Acts 2016, No. 71, §3, eff. May 10, 2016.
A.(1) Except as otherwise provided by law, all public officers who are appointed by the governor shall serve at the pleasure of the governor.
(2) Paragraph (1) of this Subsection shall not apply to officers appointed by the governor upon recommendation or from lists submitted by others where the law requires appointments to be so made, nor to those whose terms of office are fixed by the constitution and those who are required by the constitution to be appointed with the advice and consent of the Senate.
B.(1) Notwithstanding any other provision of law to the contrary, the governor may appoint the chairman or the presiding member of each board and commission so long as both of the following criteria apply:
(a) The majority of the members of the board or commission are members of the board or commission by virtue of gubernatorial appointment.
(b) The appointment of the chairman or the presiding member is not otherwise prohibited by the Constitution of Louisiana.
(2) If the governor appoints the chairman or the presiding member of a board or commission, then the appointment shall be from among the membership of that board or commission.
(3) The governor shall submit the name of persons appointed pursuant to this Subsection to the Senate for confirmation.
(4) A chairman or presiding member of a board or commission appointed by the governor pursuant to this Subsection and confirmed by the Senate serves in that position at the pleasure of the governor.
(5) Until the governor appoints a chairman or presiding member of a board or commission pursuant to this Subsection, a board or commission may select its chairman or presiding member in the manner otherwise provided by law or in its rules, regulations, or bylaws.
C. The provisions of Subsection B of this Section shall not apply to any board or commission that as of May 1, 2024, is chaired by a statewide elected official.
Acts 1950, No. 68, §3. Amended by Acts 1950, 2nd Ex.Sess., No. 22, §1; Acts 1992, No. 447, §4; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2024, No. 491, §1, eff. June 5, 2024.
Redesignated as R.S. 42:12 by Acts 2010, No. 861, §23.
Redesignated as R.S. 42:13 by Acts 2010, No. 861, §23.
Redesignated as R.S. 42:14 by Acts 2010, No. 861, §23.
Redesignated as R.S. 42:15 by Acts 2010, No. 861, §23.
Redesignated as R.S. 42:16 by Acts 2010, No. 861, §23.
Redesignated as R.S. 42:17 by Acts 2010, No. 861, §23.
Redesignated as R.S. 42:18 by Acts 2010, No. 861, §23.
Redesignated as R.S. 42:19 by Acts 2010, No. 861, §23.
Redesignated as R.S. 42:20 by Acts 2010, No. 861, §23.
Redesignated as R.S. 42:21 by Acts 2010, No. 861, §23.
Redesignated as R.S. 42:22 by Acts 2010, No. 861, §23.
Redesignated as R.S. 42:23 by Acts 2010, No. 861, §23.
Redesignated as R.S. 42:24 by Acts 2010, No. 861, §23.
Redesignated as R.S. 42:25 by Acts 2010, No. 861, §23.
This Chapter shall be known and may be cited as the "Open Meetings Law".
Acts 2010, No. 861, §18.
NOTE: Former R.S. 42:11 was redesignated as R.S. 42:26 by Acts 2010, No. 861, §23.
A. It is essential to the maintenance of a democratic society that public business be performed in an open and public manner and that the citizens be advised of and aware of the performance of public officials and the deliberations and decisions that go into the making of public policy. Toward this end, the provisions of this Chapter shall be construed liberally.
B. Further, to advance this policy, all public bodies shall post a copy of this Chapter.
Added by Acts 1976, No. 665, §1; Acts 1999, No. 467, §1; Acts 2010, No. 861, §23.
NOTE: Former R.S. 42:12 was redesignated as R.S. 42:27 by Acts 2010, No. 861, §23.
A. For the purposes of this Chapter:
(1) "Consent agenda" means a grouping of procedural or routine agenda items that can be approved with general discussion.
(2) "Meeting" means the convening of a quorum of a public body to deliberate or act on a matter over which the public body has supervision, control, jurisdiction, or advisory power. It shall also mean the convening of a quorum of a public body by the public body or by another public official to receive information regarding a matter over which the public body has supervision, control, jurisdiction, or advisory power.
(3) "Public body" means village, town, and city governing authorities; parish governing authorities; school boards and boards of levee and port commissioners; boards of publicly operated utilities; planning, zoning, and airport commissions; and any other state, parish, municipal, or special district boards, commissions, or authorities, and those of any political subdivision thereof, where such body possesses policy making, advisory, or administrative functions, including any committee or subcommittee of any of these bodies enumerated in this paragraph.
(4) "Quorum" means a simple majority of the total membership of a public body.
B. The provisions of this Chapter shall not apply to chance meetings or social gatherings of members of a public body at which there is no vote or other action taken, including formal or informal polling of the members.
Added by Acts 1979, No. 681, §1. Amended by Acts 1981, Ex.Sess., No. 21, §1, eff. Nov. 19, 1981; Acts 1988, No. 821, §1; Acts 2010, No. 861, §23; Acts 2013, No. 416, §1.
NOTE: Former R.S. 42:13 was redesignated as R.S. 42:28 by Acts 2010, No. 861, §23.
A. Every meeting of any public body shall be open to the public unless closed pursuant to R.S. 42:16, 17, or 18.
B. Each public body shall be prohibited from utilizing any manner of proxy voting procedure, secret balloting, or any other means to circumvent the intent of this Chapter.
C. All votes made by members of a public body shall be viva voce and shall be recorded in the minutes, journal, or other official, written proceedings of the body, which shall be a public document.
D. Except school boards, which shall be subject to R.S. 42:15, each public body conducting a meeting which is subject to the notice requirements of R.S. 42:19(A) shall allow a public comment period at any point in the meeting prior to action on an agenda item upon which a vote is to be taken. The governing body may adopt reasonable rules and restrictions regarding such comment period.
E.(1) Each public body that has the capability to allow any member of the public with a disability recognized by the Americans with Disabilities Act or a designated caregiver of such a person to participate in its meetings via teleconference or video conference as defined in R.S. 42:17.2 shall adopt rules, regulations, and procedures to regulate and facilitate participation via teleconference or video conference for any such person who prior to the meeting requests that accommodation.
(2) Each public body that does not have the capability to allow any member of the public with a disability recognized by the Americans with Disabilities Act or a designated caregiver of such a person to participate in its meetings via teleconference or video conference as defined in R.S. 42:17.2 shall adopt rules, regulations, and procedures to facilitate viable alternative methods for a member of the public with a disability recognized by the Americans with Disabilities Act or a designated caregiver of such a person who so requests to participate in its meetings.
(3) The requirements of this Subsection shall not be applicable during an executive session held in accordance with law, during any meeting that is sequestered in accordance with law, or to any public body included in R.S. 42:17.2(I).
(4) State agencies as defined by R.S. 49:951 shall promulgate rules pursuant to the Administrative Procedure Act to implement this Subsection.
Added by Acts 1952, No. 484, §1. Amended by Acts 1976, No. 665, §1; Acts 1977, No. 707, §1; Acts 1978, No. 456, §1; Acts 1979, No. 681, §1; Acts 1981, Ex.Sess., No. 21, §1, eff. Nov. 19, 1981; Acts 1989, No. 55, §1; Acts 2001, No. 285, §1; Acts 2010, No. 850, §1; Acts 2010, No. 861, §23; Acts 2023, No. 393, §1.
A. Notwithstanding any other law to the contrary, each school board subject to the provisions of this Chapter, except as provided in Subsection B of this Section, shall allow public comment at any meeting of the school board prior to taking any vote. The comment period shall be for each agenda item and shall precede each agenda item.
B. The Orleans Parish School Board, at any meeting of the school board, shall provide an opportunity for public comment subject to reasonable rules, regulations, and restrictions as adopted by the school board.
C. For purposes of this Section, a comment period for all comments at the beginning of a meeting shall not suffice to meet the requirements of Subsection A or Subsection B of this Section.
Acts 1997, No. 895, §1, eff. July 10, 1997; Acts 2005, No. 474, §1; Acts 2010, No. 861, §23; Acts 2011, 1st Ex. Sess., No. 35, §1.
A public body may hold executive sessions upon an affirmative vote, taken at an open meeting for which notice has been given pursuant to R.S. 42:19, of two-thirds of its constituent members present. An executive session shall be limited to matters allowed to be exempted from discussion at open meetings by R.S. 42:17; however, no final or binding action shall be taken during an executive session. The vote of each member on the question of holding such an executive session and the reason for holding such an executive session shall be recorded and entered into the minutes of the meeting. Nothing in this Section or R.S. 42:17 shall be construed to require that any meeting be closed to the public, nor shall any executive session be used as a subterfuge to defeat the purposes of this Chapter.
Acts 1952, No. 484, §1. Amended by Acts 1976, No. 665, §1; Acts 1977, No. 707, §1; Acts 1979, No. 681, §1; Acts 2010, No. 861, §23.
A. A public body may hold an executive session pursuant to R.S. 42:16 for one or more of the following reasons:
(1) Discussion of the character, professional competence, or physical or mental health of a person, provided that such person is notified in writing at least twenty-four hours, exclusive of Saturdays, Sundays, and legal holidays, before the scheduled time contained in the notice of the meeting at which such executive session is to take place and that such person may require that such discussion be held at an open meeting. However, nothing in this Paragraph shall permit an executive session for discussion of the appointment of a person to a public body or, except as provided in R.S. 39:1593(C)(2)(c), for discussing the award of a public contract. In cases of extraordinary emergency, written notice to such person shall not be required; however, the public body shall give such notice as it deems appropriate and circumstances permit.
(2) Strategy sessions or negotiations with respect to collective bargaining, prospective litigation after formal written demand, or litigation when an open meeting would have a detrimental effect on the bargaining or litigating position of the public body.
(3) Discussion regarding the report, development, or course of action regarding security personnel, plans, or devices, including discussions concerning cybersecurity plans, financial security procedures, and assessment and implementation of any such plans or procedures.
(4) Investigative proceedings regarding allegations of misconduct.
(5) Cases of extraordinary emergency, which shall be limited to natural disaster, threat of epidemic, civil disturbances, suppression of insurrections, the repelling of invasions, or other matters of similar magnitude.
(6) Any meeting of the State Mineral and Energy Board at which records or matters entitled to confidential status by existing law are required to be considered or discussed by the board with its staff or with any employee or other individual, firm, or corporation to whom such records or matters are confidential in their nature, and are disclosed to and accepted by the board subject to such privilege, for the exclusive use in evaluating lease bids or development covering state-owned lands and water bottoms, which exception is proved pursuant to and consistently with the Public Records Act, being Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950, as amended, and other statutes to which the board is subject.
(7) Discussions between a city or parish school board and individual students or the parents or tutors of such students, or both, who are within the jurisdiction of the respective school system, regarding problems of such students or their parents or tutors; provided however that any such parent, tutor, or student may require that such discussions be held in an open meeting.
(8) Presentations and discussions at meetings of civil service boards of test questions, answers, and papers produced and exhibited by the office of the state examiner, municipal fire and police civil service, pursuant to R.S. 33:2492 or 2552.
(9) The portion of any meeting of the Second Injury Board during which records or matters regarding the settlement of a workers' compensation claim are required to be considered or discussed by the board with its staff in order to grant prior written approval as required by R.S. 23:1378(A)(6).
(10) The portion of any meeting or hearing of the Board of Pardons or committee on parole during which a victim or the spouse or next of kin of a deceased victim presents testimony pursuant to R.S. 15:572.4, 573, 574.2, or 574.4.1.
(11) Consideration of any other matters now provided for or as may be provided for by the legislature.
B. The provisions of this Chapter shall not apply to judicial proceedings.
C. The provisions of this Chapter shall not prohibit the removal of any person or persons who willfully disrupt a meeting to the extent that orderly conduct of the meeting is seriously compromised.
D. The provisions of R.S. 42:19 and R.S. 42:20 shall not apply to any meeting of a private citizens' advisory group or a private citizens' advisory committee established by a public body, when the members of such group or committee do not receive any compensation and serve only in an advisory capacity, except textbook advisory committees of the State Department of Education or the Board of Elementary and Secondary Education. However, all other provisions contained in this Chapter shall be applicable to such group or committee and the public body which established such group or committee shall comply with the provisions of R.S. 42:19 in providing the required notice of meetings of such group or committee.
E. The provisions of this Chapter shall not apply to meetings of the Louisiana Governor's Mansion Advisory Commission.
Added by Acts 1976, No. 665, §1. Amended by Acts 1979, No. 681, §1; Acts 1982, No. 215, §1; Acts 1989, No. 389, §1; Acts 2003, No. 336, §1, eff. June 13, 2003; Acts 2006, No. 90, §1, eff. May 25, 2006; Acts 2009, No. 196, §7, eff. July 1, 2009; Acts 2010, No. 861, §23; Acts 2011, No. 188, §1; Acts 2012, No. 811, §15, eff. July 1, 2012; Acts 2014, No. 628, §1; Acts 2021, No. 66, §2, eff. June 4, 2021; Acts 2024, No. 237, §3, eff. May 23, 2024; Acts 2025, No. 128, §3.
A. Notwithstanding any other provision of this Chapter to the contrary, a public body may conduct and its members may attend and participate in a meeting via electronic means provided:
(1) The governor has declared a state of emergency or disaster involving a geographic area within the jurisdiction of the public body and the nature of the emergency or disaster would cause a meeting of the public body conducted pursuant to the other provisions of this Chapter to be detrimental to the health, safety, or welfare of the public.
(2) The presiding officer of the public body certifies on the notice of the meeting that the agenda of the meeting is limited to one or more of the following:
(a) Matters that are directly related to the public body's response to the disaster or emergency and are critical to the health, safety, or welfare of the public.
(b) Matters that if they are delayed will cause curtailment of vital public services or severe economic dislocation and hardship.
(c) Matters that are critical to continuation of the business of the public body and that are not able to be postponed to a meeting held in accordance with the other provisions of this Chapter due to a legal requirement or other deadline that cannot be postponed or delayed by the public body.
(d) Other matters that are critical or time-sensitive and that in the determination of the presiding officer should not be delayed; however, such matters shall not be considered at the meeting unless the members of the body present at the meeting approve the consideration of the matters by a two-thirds vote.
(3) The public body and its presiding officer comply with all of the requirements of this Section.
B. No later than twenty-four hours prior to a meeting conducted pursuant to the provisions of this Section, the public body shall provide for all of the following:
(1) The notice and agenda for the meeting, which shall be posted on the website of the public body, emailed to any member of the public or the news media who requests notice of meetings of the public body, and widely distributed to every known news media outlet that broadcasts or publishes news within the geographic area within the jurisdiction of the public body.
(2) Detailed information regarding how members of the public may participate in the meeting and submit comments regarding matters on the agenda, which information shall be posted on the website of the public body, emailed to any member of the public or the news media who requests notice of meetings of the public body, and widely distributed to every known news media outlet that broadcasts or publishes news within the geographic area within the jurisdiction of the public body.
C. For each meeting conducted pursuant to this Section:
(1) The public body shall provide a mechanism to receive public comment electronically both prior to and during the meeting.
(2) The public body shall properly identify and acknowledge all public comments during the meeting and shall maintain those comments in its record of the meeting.
(3) The presiding officer of the public body shall ensure that each person participating in the meeting is properly identified.
(4) The presiding officer shall ensure that all parts of the meeting, excluding any matter discussed in executive session, are clear and audible to all participants in the meeting including the public.
D. For the purposes of this Section, the following words and phrases shall have the following meanings:
(1) "Meeting via electronic means" shall mean a meeting occurring via teleconference or video conference.
(2) "Teleconference" shall mean a method of communication which enables persons in different locations to participate in a meeting and to hear and otherwise communicate with each other.
(3) "Video conference" shall mean a method of communication which enables persons in different locations to participate in a meeting and to see, hear, and otherwise communicate with each other.
Acts 2020, No. 302, §2, eff. June 12, 2020; Acts 2020, 2nd Ex. Sess., No. 43, §1, eff. Oct. 28, 2020.
A. Notwithstanding any other provision of this Chapter to the contrary, a public body identified in Subsection H of this Section may conduct and its members may attend and participate in a meeting via electronic means provided that all of the requirements of this Section are met.
B. No later than twenty-four hours prior to a meeting conducted pursuant to the provisions of this Section, the public body shall provide for all of the following:
(1) The notice and agenda for the meeting, which shall be posted on the website of the public body, emailed to any member of the public or the news media who requests notice of meetings of the public body, and posted and distributed as otherwise required by this Chapter and by law.
(2) Detailed information regarding how members of the public may participate in the meeting and submit comments regarding matters on the agenda, which information shall be posted on the website of the public body and emailed to any member of the public or the news media who requests notice of meetings of the public body.
C. For each meeting conducted pursuant to this Section, the following requirements shall apply:
(1) The presiding officer shall be present and shall preside over the meeting at the anchor location. The anchor location shall be open to the public. Any member of the public body or the public shall be allowed to participate in person at the anchor location.
(2) The public body shall provide a mechanism to receive public comment electronically in the manner it prescribes prior to and, to the extent practical, during the meeting.
(3) The public body shall identify and acknowledge all public comments inclusive of those received in person during the meeting and those received in writing or electronically prior to any submission deadline for the meeting and shall maintain those comments in its record of the meeting.
(4) The presiding officer of the public body shall ensure all of the following:
(a) That each person participating in the meeting is properly identified.
(b) That all parts of the meeting, excluding any matter discussed in executive session, are clear and audible to all participants in the meeting including the public.
(c) That the voting decision of each participating member of the public body on each matter is clearly identified during each vote during the meeting and recorded and included in the archive of the meeting.
(5) If the public body is aware of a technical problem that causes the meeting to no longer be audible, or if applicable, visible and audible to the public, the meeting shall be recessed until the problem is resolved. If the problem is not resolved within one hour, the meeting shall be adjourned and the presiding officer shall make an effort to alert all participants to that fact.
(6) The meeting shall be recorded and made available to the public in an online archive located on the public body's website for at least two years.
(7) All documents made available to members of the public in attendance at the anchor location shall be made available electronically to members of the public participating electronically to the extent practical.
D. For the purposes of this Section, the following definitions apply:
(1) "Anchor location" shall mean the public location at which the public body holds in-person meetings or is specifically equipped with the technology necessary to meet via electronic means.
(2) "Meeting via electronic means" shall mean a meeting at which one or more members of a public body or members of the public participate via teleconference or video conference.
(3) "Teleconference" shall mean a method of communication which enables persons in different locations to participate in a meeting and to hear and otherwise communicate with each other.
(4) "Video conference" shall mean a method of communication which enables persons in different locations to participate in a meeting and to see, hear, and otherwise communicate with each other.
E.(1) All members of the public body participating in a meeting held pursuant to this Section, either at the anchor location or via electronic means, shall be counted for the purpose of establishing a quorum and may vote.
(2) Each public body conducting meetings pursuant to this Section shall adopt rules, regulations, and procedures to allow the public to participate in the meeting via electronic means. State agencies as defined by R.S. 49:951 shall promulgate the rules pursuant to the Administrative Procedure Act.
F.(1) Except as otherwise provided in Paragraph (2) of this Subsection, each public body that conducts meetings via electronic means pursuant to this Section shall limit the number of its regularly scheduled meetings via electronic means to no more than one-third in a calendar year, shall limit the number of successive meetings via electronic means to a reasonable number, and shall, to the extent practicable, publish a schedule of its meetings indicating which upcoming meetings will be conducted via electronic means and which will be conducted only in person.
(2) Any public body that is strictly advisory or that primarily focuses on issues dealing with disabilities or assisting military families may conduct successive meetings via electronic means without limitation and shall, to the extent practicable, publish a schedule of its meetings indicating which upcoming meetings will be conducted via electronic means and which will be conducted only in person.
G. No member of a public body who participates in a meeting via electronic means shall be eligible to or receive per diem for attendance at the meeting.
H.(1) Except as provided in Subsection I of this Section, the provisions of this Section shall apply to any public body which has powers, duties, or functions that are not limited to a particular political subdivision or region and that conducts at least six regularly scheduled meetings in a calendar year.
(2) However, no licensing or regulatory public body shall conduct a disciplinary hearing or adjudication via electronic means pursuant to this Section.
I. The provisions of this Section shall not apply to:
(1) The legislature, either house of the legislature, or any committee of the legislature or either house of the legislature.
(2) The State Board of Elementary and Secondary Education.
(3) The Board of Regents.
(4) The Board of Ethics or Ethics Adjudicatory Board.
(5) The State Civil Service Commission.
(6) The board of directors of the Louisiana Citizens Property Insurance Corporation.
(7) The State Board of Commerce and Industry.
(8) The board of supervisors for the Louisiana State University System, the University of Louisiana System, the Louisiana Community and Technical Colleges System, or the Southern University System.
(9) Any parish board of election supervisors.
Acts 2022, No. 723, §2, eff. June 18, 2022; Acts 2023, No. 393, §1.
A. Notwithstanding any provision of this Chapter that requires a member of a public body to be physically present in order to be counted for a quorum and to participate and vote in a meeting, a member of a public body who has a disability recognized by the Americans with Disabilities Act shall be allowed to participate and vote in a meeting via electronic means as defined in R.S. 42:17.2.
B. Each public body shall adopt rules, regulations, and procedures to facilitate the requirements of Subsection A of this Section. State agencies as defined by R.S. 49:951 shall promulgate the rules pursuant to the Administrative Procedure Act.
C. The provisions of Subsections A and B of this Section shall not apply to members of the legislature or any parish board of election supervisors.
Acts 2023, No. 393, §1.
Repealed by Acts 2023, No. 393, §2.
A. Notwithstanding any other provision of law to the contrary, the Prescription Monitoring Program Advisory Council, as provided in R.S. 40:1005, may conduct and its members may attend and participate in a meeting via electronic means if the Louisiana Board of Pharmacy, the advisory council, and its presiding officer comply with all of the requirements of this Section.
B. No later than twenty-four hours prior to a meeting conducted pursuant to the provisions of this Section, the advisory council shall provide for all of the following:
(1) The notice and agenda for the meeting, which shall be posted on the website of the Louisiana Board of Pharmacy, emailed to any member of the public or the news media who requests notice of meetings of the public body, and widely distributed to every known news media outlet that broadcasts or publishes news within the geographic area within the jurisdiction of the Louisiana Board of Pharmacy.
(2) Detailed information regarding how members of the public may participate in the meeting and submit comments regarding matters on the agenda, which information shall be posted on the website of the Louisiana Board of Pharmacy, emailed to any member of the public or the news media who requests notice of meetings of the public body, and widely distributed to every known news media outlet that broadcasts or publishes news within the geographic area within the jurisdiction of the Louisiana Board of Pharmacy.
C. For each meeting conducted pursuant to this Section, all of the following requirements shall apply:
(1) The advisory council shall provide a mechanism to receive public comment electronically both prior to and during the meeting.
(2) The advisory council shall properly identify and acknowledge all public comments during the meeting and shall maintain those comments in its record of the meeting.
(3) The presiding officer of the advisory council shall ensure that each person participating in the meeting is properly identified.
(4) The presiding officer shall ensure that all parts of the meeting, excluding any matter discussed in executive session, are clear and audible to all participants in the meeting including the public.
D. For the purposes of this Section, the following words and phrases have the following meanings:
(1) "Meeting via electronic means" means a meeting occurring via teleconference or video conference.
(2) "Teleconference" means a method of communication which enables persons in different locations to participate in a meeting and to hear and otherwise communicate with each other.
(3) "Video conference" means a method of communication which enables persons in different locations to participate in a meeting and to see, hear, and otherwise communicate with each other.
Acts 2023, No. 14, §2.
A. Notwithstanding any contrary provision of R.S. 42:16 and 17, executive or closed meetings may be held by the legislature, either house thereof, or any committee or subcommittee of either house, upon the affirmative vote of at least a majority of the members of the house or the committee or subcommittee thereof making the determination to hold such meeting, for one or more of the following purposes:
(1) Discussion of confidential communications.
(2) Discussion of the character, professional competence, or physical or mental health of any person subject to contract with or to employment, election, or appointment or confirmation of appointment by either house of the legislature or any committee or subcommittee of either or by any other public body.
(3) Strategy sessions or negotiations with respect to collective bargaining, prospective litigation after formal written demand, or litigation when an open meeting would have a detrimental effect on the bargaining or litigating position of the legislature, either house thereof, or any committee or subcommittee of either house.
(4) Discussion regarding a report, development, or course of action regarding security personnel, plans, or devices.
(5) Investigations by the legislature, either house thereof, or by any committee or subcommittee thereof, including the Legislative Audit Advisory Council or any other joint or statutory committee, whenever reasonable grounds exist to believe that the testimony to be elicited will reflect a failure of compliance with law.
(6) Cases of extraordinary emergency, which shall be limited to natural disaster, threat of epidemic, civil disturbances, suppression of insurrections, the repelling of invasions, or other matters of similar magnitude.
(7) Discussion by either house of the legislature, or any committee or subcommittee thereof, of any matter affecting the internal operations or management of the body.
(8) Any other matters provided by law or pursuant to the joint rules of the legislature.
B. All procedural matters pertaining to the necessity, purposes, or reasons for the holding of executive or closed meetings under the provisions of this Section shall be in accordance with such rules as are adopted by each of the houses of the legislature for the purpose.
C. The provisions of this Chapter shall not apply to chance meetings, social gatherings, or other gatherings at which only presentations are made to members of the legislature or members of either house thereof or of any committee or subcommittee if no vote or other action, including formal or informal polling of members, is taken.
Added by Acts 1981, Ex.Sess., No. 21, §1, eff. Nov. 19, 1981; Acts 2010, No. 861, §23.
A.(1)(a) All public bodies, except the legislature and its committees and subcommittees, shall give written public notice of their regular meetings, if established by law, resolution, or ordinance, at the beginning of each calendar year. Such notice shall include the dates, times, and places of such meetings.
(b)(i) All public bodies, except the legislature and its committees and subcommittees, shall give written public notice of any regular, special, or rescheduled meeting no later than twenty-four hours, exclusive of Saturdays, Sundays, and legal holidays, before the meeting.
(ii)(aa) Such notice shall include the agenda, date, time, and place of the meeting. The agenda shall not be changed less than twenty-four hours, exclusive of Saturdays, Sundays, and legal holidays, prior to the scheduled time of the meeting.
(bb) Each item on the agenda shall be listed separately and described with reasonable specificity. Before the public body may take any action on an item, the presiding officer or his designee shall read aloud the description of the item except as otherwise provided in Subitem (dd) of this Item.
(cc) Upon unanimous approval of the members present at a meeting of a public body, the public body may take up a matter not on the agenda. Any such matter shall be identified in the motion to take up the matter not on the agenda with reasonable specificity, including the purpose for the addition to the agenda, and entered into the minutes of the meeting. Prior to any vote on the motion to take up a matter not on the agenda by the public body, there shall be an opportunity for public comment on any such motion in accordance with R.S. 42:14 or 15. The public body shall not use its authority to take up a matter not on the agenda as a subterfuge to defeat the purposes of this Chapter.
(dd) If an agenda of a meeting of either the parish governing authority or the parish school board in a parish with a population of one hundred twenty-five thousand or more according to the latest federal decennial census or the governing authority of a municipality with a population of one hundred thousand or more according to the latest federal decennial census contains more than fifty items, the governing authority or school board may take action on items listed on a consent agenda without reading the description of each item aloud. However, before any action is taken on items listed on a consent agenda, the governing authority or school board shall allow a public comment period. Any item listed on a consent agenda may be removed from the consent agenda by an individual member of the governing authority or school board if a person objects to the presence of the item on the consent agenda and provides reasons for individual discussion at the meeting. The name of the person who objects to a consent agenda item and the reasons for the objection shall be included in the minutes of the meeting.
(iii) Following the above information there shall also be attached to the written public notice of the meeting, whether or not such matters will be discussed in an executive session held pursuant to R.S. 42:17(A)(2):
(aa) A statement identifying the court, case number, and the parties relative to any pending litigation to be considered at the meeting.
(bb) A statement identifying the parties involved and reasonably identifying the subject matter of any prospective litigation for which formal written demand has been made that is to be considered at the meeting.
(iv) In cases of extraordinary emergency, such notice shall not be required; however, the public body shall give such notice of the meeting as it deems appropriate and circumstances permit.
(c) Each public body subject to R.S. 42:23(B)(2) shall include on its written public notice sufficient information to enable the public to locate the broadcast for viewing.
(2) Written public notice given by all public bodies, except the legislature and its committees and subcommittees, shall include but need not be limited to:
(a) Posting a copy of the notice at the principal office of the public body holding the meeting, or if no such office exists, at the building in which the meeting is to be held; or by publication of the notice in an official journal of the public body no less than twenty-four hours, exclusive of Saturdays, Sundays, and legal holidays, before the scheduled time of the meeting. If the public body has a website, additionally by providing notice via the Internet on the website of the public body for no less than twenty-four hours, exclusive of Saturdays, Sundays, and legal holidays, immediately preceding the meeting. The failure to timely post notice via the Internet pursuant to this Subparagraph or the inability of the public to access the public body's website due to any type of technological failure shall not be a violation of the provisions of this Chapter.
(b) Giving notice to any member of the public or the news media who requests notice of such meetings by providing the notice to the requestor at the same time and in the same manner as it is given to members of the public body.
NOTE: Subparagraph (c) eff. until July 1, 2027. See Acts 2025, No. 374.
(c) Submitting a notice of each meeting to the commissioner of administration in the manner required by R.S. 49:1303 and 1305.1
NOTE: Subparagraph (c) as repealed by Acts 2025, No. 374, eff. July 1, 2027.
(c) Repealed by Acts 2025, No. 374, §3, eff. July 1, 2027.
B. Reasonable public notice of day to day sessions of either house of the legislature, and of all matters pertaining to such meetings, including but not necessarily restricted to the content of notices, quorums for the transaction of business, proxy voting, viva-voce votes, and recordation of votes, shall be governed by the provisions of the Louisiana Constitution, the rules of procedure of the Senate and the House of Representatives, and the Joint Rules applicable to both houses. Reasonable public notice of meetings of legislative committees and subcommittees shall be given in accordance with such rules as are adopted by the respective houses for the purpose.
Added by Acts 1952, No. 484, §1. Amended by Acts 1972, No. 669, §1; Acts 1976, No. 665, §1; Acts 1977, No. 707, §1; Acts 1979, No. 681, §1; Acts 1981, Ex.Sess., No. 21, §1, eff. Nov. 19, 1981; Acts 1989, No. 390, §1; Acts 2008, No. 131, §1; Acts 2010, No. 861, §23; Acts 2012, No. 461, §1; Acts 2012, No. 747, §1, eff. June 12, 2012; Acts 2013, No. 416, §1; Acts 2014, No. 628, §1; Acts 2024, No. 191, §1; Acts 2024, No. 539, §1; Acts 2024, No. 617, §1; Acts 2025, No. 374, §3, eff. July 1, 2027.
NOTE: See Acts 2012, No. 747, §2 regarding public bodies that do not have a website.
A.(1) Except as provided for in Paragraph (2) of this Subsection, in addition to any other requirements provided for in R.S. 42:19 or other provisions of law, public notice of the date, time, and place of any meeting at which a political subdivision as defined in Article VI, Section 44(2) of the Constitution of Louisiana intends to propose a new ad valorem property tax or sales and use tax, or increase or renew any existing ad valorem property tax or sales and use tax, and authorize the calling of an election for submittal of such question to the voters of the political subdivision shall be published in the official journal of the political subdivision no more than sixty days nor less than twenty days before such public meeting; shall be announced to the public during the course of a public meeting of such political subdivision no more than sixty days nor less than twenty days before such public meeting; and notice of such meeting shall be written and hand delivered or transmitted by email to each voting member of any governing authority of a political subdivision that is required to approve such a measure previously adopted by another governing authority and to each state senator and representative in whose district all or a portion of the political subdivision is located, no more than sixty days nor less than twenty days before such public meeting. Email delivery shall be made to the official email address of such voting members or legislators and to any other address provided in writing to the political subdivision by such a voting member or legislator. The inadvertent failure to notify a state senator or representative as required by this Subsection shall not constitute a violation of this Section; however, the knowing failure to notify a state senator or representative as required by this Subsection or the willful disregard of the requirement to notify a state senator or representative as required by this Subsection shall constitute a violation of this Chapter.
(2) If at a meeting held in accordance with Paragraph (1) of this Subsection a political subdivision adopts such a measure, the provisions of this Section shall not apply to a subsequent meeting of such political subdivision if the only action taken at the subsequent meeting is one which results in a change to the previously adopted measure that reduces the rate or term of the tax in the measure and thereby reduces the total amount of tax that would be collected under the measure, or substantially reduces the cost to the political subdivision of any bond or debt obligation to be incurred by the political subdivision.
B.(1) In the event of cancellation or postponement of a meeting at which consideration of or action upon a proposal to increase, renew, or continue any ad valorem or sales and use tax and authorize the calling of an election for submittal of such questions to the voters of the political subdivision was scheduled, notice of the date, time, and place of any subsequent meeting to consider such proposal shall be published in the official journal of the political subdivision no less than ten days before such subsequent meeting.
(2) However, in the event that consideration of or action upon any such proposal was postponed at the scheduled meeting, or any such proposal was considered at the scheduled meeting without action or vote, then any subsequent meeting to consider such proposal shall be subject to the requirements of Paragraph (1) of this Subsection.
Acts 2013, No. 267, §1; Acts 2014, No. 694, §1, eff. Aug. 1, 2014; Acts 2014, No. 791, §15; Acts 2018, No. 486, §1.
A. All public bodies shall keep written minutes of all of their open meetings. The minutes to be kept by the legislature and legislative committees and subcommittees shall be governed by the provisions of R.S. 42:21. The minutes of all other public bodies shall include but need not be limited to:
(1) The date, time, and place of the meeting.
(2) The members of the public body recorded as either present or absent.
(3) The substance of all matters decided, and, at the request of any member, a record, by individual member, of any votes taken.
(4) Any other information that the public body requests be included or reflected in the minutes.
B.(1) The minutes shall be public records and shall be available within a reasonable time after the meeting, except where such disclosures would be inconsistent with R.S. 42:16, 17, and 18, or rules adopted under the provisions of R.S. 42:21.
(2) If the public body has a website, the public body shall post on its website a copy of the minutes made available pursuant to Paragraph (1) of this Subsection and shall maintain the copy of those minutes on the website for at least three months after the posting. If the public body is required to publish its minutes in an official journal, the public body shall post its minutes on its website as required by this Paragraph within ten days after publication in the official journal. If the public body is not required to publish its minutes in an official journal, the public body shall post its minutes on its website as required by this Paragraph within a reasonable time after the meeting. The inability of the public to access the public body's website due to any type of technological failure shall not be a violation of the provisions of this Chapter.
Added by Acts 1976, No. 665, §1. Amended by Acts 1981, Ex.Sess., No. 21, §1, eff. Nov. 19, 1981; Acts 2010, No. 861, §23; Acts 2014, No. 628, §1.
A. The journals of the proceedings of each of the houses of the legislature, as required to be kept by the provisions of Article III, Section 10(B) of the Louisiana Constitution, shall constitute the written minutes of open sessions of the Senate and of the House of Representatives.
B. The written minutes of standing, interim, joint, and other committees and subcommittees of the Senate and House of Representatives shall include such information as may be required by the rules of the respective houses.
Added by Acts 1981, Ex. Sess., No. 21, §1, eff. Nov. 19, 1981; Acts 2010, No. 861, §23.
A. For the purposes of this Section, "gas utility" means any revenue producing business or organization which is owned or operated by a public body, and which regularly supplies the public with natural gas at retail.
B. Prior to consideration or action by a public body to accept a proposal by a nonpublic entity to sell natural gas to a public body for use in its gas distribution system sales to retail customers for a term exceeding twelve months including rollovers or extensions, or to assume operation or acquire ownership of, a gas utility being operated or owned by the public body, the proposal shall:
(1) Be introduced, in writing, at an open meeting of the public body.
(2) Not be considered by the public body until notice of the proposal has been published in the official journal of the public body and at least thirty days has lapsed after the introduction of the proposal.
(3) Include a written report of the most recent five-year history of the sale of natural gas to similar public bodies for use in gas distribution system sales to retail customers for a term exceeding twelve months including rollovers or extensions by the nonpublic entity if the entity is seeking to sell natural gas to a public body for use in its gas distribution system sales to retail customers for a term exceeding twelve months including rollovers or extensions to the public body or a five-year history of the purchase price of other gas utilities operated or owned by a public body paid by the nonpublic entity if the entity is seeking to assume operation or acquire ownership of the utility. A copy of the report shall be provided to all members of the public body and be available to the public.
(4) Include any written contract or agreement proposed between the nonpublic entity seeking to sell natural gas to a public body for use in its gas distribution system sales to retail customers for a term exceeding twelve months including rollovers or extensions to, or assume operation or acquire ownership of, the gas utility and the public body. A copy of the contract or agreement shall be provided to all members of the public body and be available to the public.
C. Notice of the proposal and the availability of the written report and contract or agreement shall be published once in the official journal of the public body. The notice shall indicate the time and place where the public body will hold a public hearing and consider the proposal.
D. No proposal shall be considered until a public hearing on it has been held. No proposal can be adopted at the meeting at which it is introduced.
E. Any proposed revision or amendment of the published contract or agreement shall be noticed, published, and made available in its entirety in the same manner as required for the original contract or agreement. No such contract or agreement shall be entered into by the public body until at least thirty days have lapsed since the notice of the availability of the revised contract or agreement has been published.
Acts 2003, No. 1274, §1, eff. July 11, 2003; Acts 2010, No. 861, §23.
A. All of the proceedings in a public meeting may be video or tape recorded, filmed, or broadcast live.
B.(1) Each nonelected board or commission that has the authority to levy a tax shall video or audio record, film, or broadcast live all proceedings in a public meeting.
(2)(a)(i) The parish governing authority in a parish with a population of twenty-five thousand or more shall broadcast live all of its proceedings in public meetings, including the parish governing authority's committee meetings.
(ii) Each school board in a parish with a population of twenty-five thousand or more shall broadcast live all of its proceedings in public meetings, including the school board's committee meetings.
(iii) Each governing authority of a municipality with a population of ten thousand or more shall broadcast live all city council meetings including city council committee meetings. There is no requirement to broadcast a committee meeting where members are volunteers.
(b) For purposes of this Paragraph, "broadcast live" means the publicly available distribution of audio and video of a meeting in real or near real time via the internet or television broadcast.
(c) The failure of a public body to broadcast live as required by this Paragraph due to a technological failure beyond the control of the public body or beyond its ability to resolve timely is not a violation of the provisions of this Chapter.
(d) The requirement in this Paragraph for a public body to broadcast its meetings does not apply to any executive session held in accordance with this Chapter.
C. A public body shall establish standards for the use of lighting, recording, or broadcasting equipment to ensure proper decorum in a public meeting.
Added by Acts 1952, No. 484, §1. Amended by Acts 1972, No. 669, §1; Acts 1989, No. 172, §1; Acts 2010, No. 861, §23; Acts 2013, No. 363, §1, eff. June 17, 2013; Acts 2024, No. 539, §1.
Any action taken in violation of this Chapter shall be voidable by a court of competent jurisdiction. A suit to void any action must be commenced within sixty days of the action.
Added by Acts 1972, No. 669, §2. Amended by Acts 1976, No. 665, §1; Acts 1979, No. 681, §1; Acts 2010, No. 861, §23.
A. The attorney general shall enforce the provisions of this Chapter throughout the state. He may institute enforcement proceedings on his own initiative and shall institute such proceedings upon a complaint filed with him by any person, unless written reasons are given as to why the suit should not be filed.
B. Each district attorney shall enforce the provisions of this Chapter throughout the judicial district within which he serves. He may institute enforcement proceedings on his own initiative and shall institute such proceedings upon a complaint filed with him by any person, unless written reasons are given as to why the suit should not be filed.
C. Any person who has been denied any right conferred by the provisions of this Chapter or who has reason to believe that the provisions of this Chapter have been violated may institute enforcement proceedings.
Added by Acts 1976, No. 665, §1. Amended by Acts 1977, No. 707, §1; Acts 1979, No. 681, §1; Acts 2010, No. 861, §23.
A. In any enforcement proceeding the plaintiff may seek and the court may grant any or all of the following forms of relief:
(1) A writ of mandamus.
(2) Injunctive relief.
(3) Declaratory judgment.
(4) Judgment rendering the action void as provided in R.S. 42:24.
(5) Judgment awarding civil penalties as provided in R.S. 42:28.
B. In any enforcement proceeding the court has jurisdiction and authority to issue all necessary orders to require compliance with, or to prevent noncompliance with, or to declare the rights of parties under the provisions of this Chapter. Any noncompliance with the orders of the court may be punished as contempt of court.
C. If a party who brings an enforcement proceeding pursuant to R.S. 42:25 prevails, the party shall be awarded reasonable attorney fees and other costs of litigation. If such party prevails in part, the court may award the party reasonable attorney fees or an appropriate portion thereof.
D. If the court finds that the proceeding was of a frivolous nature and was brought with no substantial justification, it may award reasonable attorney fees to the prevailing party.
Added by Acts 1979, No. 681, §1. Acts 1989, No. 54, §1; Acts 2010, No. 861, §23; Acts 2019, No. 340, §1.
A. Enforcement proceedings shall be instituted in the district court for the parish in which the meeting took place or will take place.
B. Enforcement proceedings shall be tried by preference and in a summary manner. Any appellate court to which the proceeding is brought shall place it on its preferential docket, shall hear it without delay, and shall render a decision as soon as practicable.
Added by Acts 1979, No. 681, §1; Acts 2010, No. 861, §23.
Any member of a public body who knowingly and wilfully participates in a meeting conducted in violation of this Chapter shall be subject to a civil penalty not to exceed five hundred dollars per violation. The member shall be personally liable for the payment of such penalty. A suit to collect such penalty must be instituted within sixty days of the violation.
Acts 1989, No. 54, §1; Acts 2010, No. 861, §23; Acts 2019, No. 340, §1.
Repealed by Acts 2023, No. 393, §2.
A. Notwithstanding any other law to the contrary, any person hired or employed in an unclassified position as defined by the State Civil Service Commission, and whose annual salary or rate of compensation is equal to, or exceeds one hundred thousand dollars, shall, within thirty days of being hired or employed at such salary, provide proof to his public employer that he has been issued a Louisiana driver's license and that all vehicles registered in his name are registered in Louisiana. This requirement shall be deemed a qualification for the position for which the person was employed or hired, and for the duration of the person's employment in the event the person's salary is increased and the requirements of this Section are triggered.
B. All government agencies which hire or employ any person in an unclassified position as defined by the State Civil Service Commission, whose annual salary or rate of compensation is equal to, or exceeds one hundred thousand dollars, shall verify that such person has been issued a Louisiana driver's license and that all vehicles registered in his name are registered in Louisiana. The public employer shall verify the employee meets this requirement for the duration of this person's employment.
C. Any person hired or employed in an unclassified position who does not meet the requirements of this Section, or who no longer meets the requirements of this Section, shall be removed and terminated within thirty days of the public employer learning such person does not meet the requirements of this Section.
Acts 2013, No. 264, §1, eff. Sept. 15, 2013.
The state, its agencies and subdivisions, as well as municipalities and parishes, shall not employ knowingly any enemy alien.
For the purpose of this section an enemy alien is defined as any person who is a national of a country with whom the United States is at war.
Any public officer or anyone in charge of any state agencies or board, who knowingly employs, or permits to be employed, any enemy alien shall be fined one thousand dollars or imprisoned for six months.
Amended by Acts 1974, No. 472, §1.
A. Except as provided in Subsections B and C of this Section, no person who is required to register for the federal draft under Section 3 of the Military Selective Service Act (50 U.S.C. App. 453) shall be eligible for employment or appointment in a state civil service position, whether classified or unclassified, until such person has registered for such draft, as evidenced by a statement of compliance pursuant to rules and regulations promulgated by the State Civil Service Commission.
B. A veteran of the armed forces of the United States may submit a copy of his discharge papers or his discharge certificate in lieu of the statement of compliance required by Subsection A of this Section.
C. A person who has not registered for the federal draft, as provided in Subsection A of this Section shall be eligible for employment or appointment in a state civil service position if the requirement for the person to register has terminated or become inapplicable to the person. The State Civil Service Commission may adopt rules for documentation of termination or inapplicability of such requirement.
Acts 1987, No. 581, §1; Acts 1999, No. 372, §1.
Any person who at any time has been a collector of state, parish or municipal taxes or otherwise entrusted with public money, is ineligible to be a member of the Legislature, or to hold any office of profit or trust under the state government until he has obtained a discharge for the amount of the collections, and for all the public money with which he was entrusted.
Amended by Acts 1950, No. 316, §13.
The governor shall not issue a commission to any public officer who appears to be a defaulter by the reports on file in his office, unless it is proved to his satisfaction that the person is not a defaulter, or has paid the amount of his defalcation. Unless this proof is made within ninety days from the date of the election or appointment the governor shall order a new election or make a new appointment, as the case may be.
A. A state agency shall not require as a condition of eligibility for hire to a position in state employment that an applicant have a baccalaureate degree or more than three years of relevant experience.
B. Subsection A of this Section does not apply if the knowledge, skills, or abilities required for the position for which an applicant is applying can only reasonably be obtained through a course of study in pursuit of, and culminating in the award of, a baccalaureate degree, as determined by the Department of State Civil Service or the State Police Commission for classified positions or the appointing authority for unclassified positions or to management, higher-level positions, or positions in a career progression group as defined by a Department of State Civil Service or State Police Commission rule.
Acts 2024, No. 655, §1, eff. Jan. 1, 2025.
Every person in the employ of the state of Louisiana or any political subdivision thereof, or in the employ in any capacity of any parish or city school board or any public school, college, university or other institution of higher learning which is supported in whole or in part by public funds of the State of Louisiana, whenever he may or shall be called and sworn as a witness before the Joint Legislative Committee of the Legislature of Louisiana, shall be required to answer under oath whether he has been or is a member of the Communist Party. Refusal to give such information, in which the state of Louisiana has a legitimate interest in securing, in response to questions asked by the chairman, or any member of the Joint Legislative Committee, whenever any legislative investigation is being made or undertaken by the said committee in accordance with the provisions of Article V, Section 17 of the Constitution of the state of Louisiana, shall constitute insubordination on the part of any such employee, and he shall, by reason of such refusal to answer any such question or questions, be subject to dismissal or discharge, in the manner provided by law, from his said employment.
Acts 1960, No. 243, §1.
Repealed by Acts 1979, No. 700, §8
A. After July 31, 1968, no person serving in or elected or appointed to the office of judge of any court, justices of the peace excepted, shall be eligible to hold or become a candidate for any national, state or local elective office of any kind whatsoever, including any national, state or local office in any political party organization, other than a candidate for the office of judge for the same or any other court.
B. The provisions of Subsection A of this Section shall not be construed as prohibiting any person from resigning from his office as judge of any court for the purpose of becoming a candidate for nomination or election to any national, state or local elective office for which he is qualified and eligible; provided, however, that the resignation of any such person shall be and is made not less than twenty-four hours prior to the date on which he qualifies as a candidate for nomination or election to the office to which he seeks nomination or election.
C. If any judge elected or appointed, justice of the peace excepted, qualifies for any other elective position, other than those allowed by the provisions of this section, without complying with the provisions of Subsection B of this Section, his qualification as a candidate for the other office shall ipso facto be null and void.
Added by Acts 1968, No. 504, §§1, 2.
Any person serving in or elected or appointed to the office of judge of any court may hold and manage investments, including real estate, and engage in other remunerative activity and may also serve as a member of the board of directors of any bank, lending institution, homestead or savings and loan association, or other similar financial institutions.
Added by Acts 1978, No. 491, §1.
No person appointed by the Supreme Court to temporarily serve in the office of justice of the peace, until a vacancy can be filled through election, shall be eligible to run as a candidate for the filling of said vacant seat. The provisions of this Section shall apply to any person who accepts the appointment to temporarily serve as justice of the peace and subsequently resigns the office prior to the filling of the vacancy through election.
Acts 1987, No. 247, §2.
The Legislature of Louisiana does hereby take cognizance of the fact that much of the world is in a state of political unrest; that foreign agents and others who seek the overthrow or destruction of the government of the United States are known to be working in our country, and that such a situation presents a clear and present danger; and it is hereby declared to be public policy that subversive activities by any public employee, or by any student in a public educational institution in this state, should not be permitted, and this act is enacted to prohibit such subversive activities.
Acts 1950, No. 284, §1.
A. Except as otherwise provided herein, no person owing allegiance to the United States shall be employed by the state or any political subdivision thereof unless and until he files the following written statement with the appropriate appointing authority:
"I (A.B.) do solemnly swear (or affirm) that I will support the constitution and laws of the United States and the constitution and laws of this State; and I will faithfully and impartially discharge and perform all the duties incumbent upon me as _____, and according to the best of my ability and understanding. So help me God."
B. A person may be temporarily employed for fifteen days, and if the above statement is not filed by the fifteenth day, he shall be discharged.
Acts 1950, No. 284, §2. Amended by Acts 1952, No. 504, §1; Acts 1982, No. 48, §1.
Before any contract of employment between any person and a state department, board, commission, or agency of the State of Louisiana, or of any political subdivision or municipal corporation of the State of Louisiana, is made or renewed after July 26, 1950, the oath or affirmation prescribed in R.S. 42:52 hereof shall be taken and filed by the prospective employee.
Acts 1950, No. 284, §3.
No public employee, and no student in a public educational institution, shall by word of mouth or writing knowingly or wilfully advocate, abet, advise, or teach, the duty, necessity, desirability, or propriety, of overthrowing or destroying the government of the United States or of any state or of any political subdivision thereof, by force, violence, or any other unlawful means, or the adherence to the government of any foreign nation in the event of war between the United States and such foreign government.
Acts 1950, No. 284, §4.
As used in this Part: (1) "Public employee" shall mean and include every officer or employee of any department, board, commission, or agency of the State of Louisiana, or of any political subdivision or municipal corporation of the State of Louisiana.
(2) "Student in a public educational institution" shall mean and include every student enrolled in any public school of the State, or in any state-supported trade school, vocational school, college, or university.
Acts 1950, No. 284, §4.
Any public employee found guilty of committing any act prohibited by R.S. 42:54 hereof shall be dismissed from his public employment. Any student in a public educational institution found guilty of committing any act prohibited by R.S. 42:54 hereof shall be expelled from the public educational institution in which he is enrolled.
Acts 1950, No. 284, §5.
No person shall be dismissed or expelled under the provisions of this Part unless found guilty after a hearing, and review, as provided hereinafter. No person shall be tried under the provisions of this Part unless the administrative head of the public educational institution or public body concerned shall have made a complete investigation of the accusation, shall have found that probable cause exists for such a hearing, and shall prefer in writing a charge specifying the act or acts alleged to have been committed by the person accused. Every such hearing shall be had before a committee of not less than three nor more than seven citizens, some or all of whom might be employees of the public educational institution or public body, appointed by the administrative head thereof.
Not less than ten nor more than twenty days prior to such hearing, a written statement specifying the charges, and setting out the time and place of the hearing, shall be served personally or by registered mail upon the person charged. Such hearing shall be conducted by the committee appointed therefor, and shall not be public unless the person charged so requests in writing. Both the accused and the public educational institution or public body may be represented by counsel, and shall have the right to subpoena, examine, and cross-examine witnesses, all of whom shall be sworn by the chairman of the committee before testifying. A stenographic record of all proceedings at the hearing shall be provided by the administrative officer preferring the charges.
If the committee finds the charge proved, it shall transmit a copy of the proceedings at the hearing to the administrative officer preferring the charges, and shall recommend the dismissal or the expulsion, as the case may be, of the person charged. The governing authority (if any) of the department, board, commission, or agency, and if none, the administrative head thereof, shall review all proceedings at any hearing where the committee conducting it has found the charges proven. If the reviewing authority disagrees with such finding, it shall set it aside, dismiss the proceedings, and notify the person charged accordingly. If the reviewing authority agrees with such finding, it shall approve the proceedings, find the person charged guilty, and dismiss or expel, as the case may be, the person so found guilty.
Any committee conducting such a hearing shall have the same authority to subpoena witnesses, or to order the taking of testimony by deposition, as is now enjoyed by the district courts. Failure to appear at a committee hearing, or to appear to have testimony taken by deposition, or refusal to answer any proper question propounded, shall be deemed contempt of the committee, and certified as such by the committee to the district court having jurisdiction over the parish in which the offender is domiciled. If such person is found guilty thereof by such court, he may be punished in the same manner, and to the same extent, as if he had been guilty of contempt of such court. Perjury committed by persons testifying at such hearing shall be punished in the same manner, and to the same extent, as perjury committed in the district courts of the state.
The written record of all proceedings at all hearings at which the committee found the charges not proved, and in all cases where the reviewing authority sets aside the committee's finding that the charges had been proved, shall be kept confidential, and shall not be deemed public records, except at the written request of the person charged.
Acts 1950, No. 284, §6.
Any person dismissed or expelled as set forth in R.S. 42:57 hereof may prosecute an appeal from such dismissal or expulsion, within thirty days of notice thereof, to the district court having jurisdiction over the parish of the domicile of the public educational institution or public body concerned. On such appeal, which shall be a trial de novo, the written record of the proceedings before the committee shall be admissible in evidence for all purposes, but either party shall have the right to introduce all other competent evidence desired, whether introduced at the hearing by the committee or not.
Acts 1950, No. 284, §7.
A. It is essential to the maintenance of a democratic society that public officials and employees perform the public business in a manner which serves to promote and maintain in the general citizenry a high level of confidence and trust in public officials, public employees, and governmental decisions. The attainment of this end is impaired when a public official or employee holds two or more public offices or public jobs which by their particular nature conflict with the duties and interests of each other. The attainment of a high level of confidence and trust by the general citizenry in public officials, employees, and governmental decisions is further impaired by the excessive accumulation of governmental power which may result from public officials or employees holding two or more public offices or public jobs.
B. It is the purpose of this Part to implement a policy which will serve to maintain a high level of trust and confidence by the general citizenry in public officials, employees, and governmental decisions of the government of this state and of its political subdivisions by defining and regulating dual employment and by defining, regulating, and prohibiting dual officeholding.
Added by Acts 1979, No. 700, §1.
As used in this Part the following words and phrases shall have the following meanings ascribed for each unless the context clearly indicates otherwise:
(1) "Elective office" means any position which is established or authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof, which is not a political party office, and which is filled by vote of the citizens of this state or of a political subdivision thereof.
(2) "Appointive office" means any office in any branch of government or other position on an agency, board, or commission or any executive office of any agency, board, commission, or department which is specifically established or specifically authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof and which is filled by appointment or election by an elected or appointed public official or by a governmental body composed of such officials of this state or of a political subdivision thereof.
(3) "Employment" means any job compensated on a salary or per diem basis, other than an elective or appointive office, in which a person is an employee of the state government or of a political subdivision thereof.
(4) "Full time" means the period of time which a person normally works or is expected to work in an appointive office or employment and which is at least seven hours per day of work and at least thirty-five hours per week of work.
(5) "Part time" means the period of time which a person normally works or is expected to work in an appointive office or employment which is less than the number of hours of work defined in this Section as full time.
(6) The executive branch of state government includes the following named officers and all other officers, agents, employees, or other persons holding or exercising an employment with them, namely, the governor; lieutenant governor; secretary of state; attorney general; treasurer; commissioner of agriculture; commissioner of insurance; superintendent of education; members of the State Civil Service Commission, the Public Service Commission, the Board of Regents, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the State Board of Elementary and Secondary Education, the Board of Trustees for State Colleges and Universities, and the State Bond Commission. The executive branch shall also include the officers, members, agents, and employees of any department, office, agency, instrumentality, board, commission, or other entity created by the constitution or by law whose functions are not primarily legislative, judicial, or local in nature or operation.
(7) The legislative branch of state government includes the members of the Senate and the House of Representatives, the officers, agents, and employees of the legislature of either house or of a committee of either house thereof, the legislative auditor, legislative fiscal officer, or any other agency created by law which is primarily legislative in nature, and any other legislative officer, office, or instrumentality of the state.
(8) The judicial branch of state government includes all judges, employees, and agents of the supreme court, the judicial administrator, courts of appeal, district courts, including the civil and criminal district courts of Orleans Parish, parish courts, city courts, juvenile and family courts, and any other judicial offices and instrumentalities of the state, but does not include judges or employees of courts not enumerated in this Paragraph.
(9) "Political subdivision" means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. In addition for the purposes of this Part, mayor's courts, justice of the peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions.
Added by Acts 1979, No. 700, §1. Acts 1988, No. 58, §3; Acts 2001, No. 451, §3, eff. Jan. 12, 2004.
NOTE: See Acts 2001, No. 451, §8(A) relative to effective date.
A.(1) Except as otherwise provided in this Subsection, no person holding an elective office, appointive office, or employment in any of the branches of state government or of a political subdivision thereof shall at the same time hold another elective office, appointive office, or employment in the government of a foreign country, in the government of the United States, or in the government of another state.
(2) A person holding employment in the government of the United States and at the same time holding an appointive office in a political subdivision of the state shall not be in violation of this Subsection, unless the particular nature of his employment in combination with the duties and interests of his appointive office in a political subdivision of this state is otherwise prohibited by this Part or is found to be adverse to the public interest as set forth in R.S. 42:61.
(3)(a) A person holding employment in the government of the United States and at the same time holding part-time elective office shall not be in violation of this Subsection, unless the particular nature of his employment in combination with the duties and interests of his elective office is otherwise prohibited by this Part or is found to be adverse to the public interest as set forth in R.S. 42:61.
(b) For purposes of this Paragraph, "part-time elective office" shall mean an elective office the holder of which is deemed to be a part-time public servant pursuant to Article X, Section 29.1(A) of the Constitution of Louisiana.
B. Except as otherwise provided by the Louisiana constitution, no person holding office or employment in one branch of the state government shall at the same time hold another office or employment in any other branch of the state government.
C. No person holding an elective office in the government of this state shall at the same time hold another elective office, a full-time appointive office, or employment in the government of this state or in the government of a political subdivision thereof.
D. No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof. No such person shall hold at the same time employment in the government of this state, or in the same political subdivision in which he holds an elective office. In addition no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority or school board, nor shall any member of any parish governing authority or school board hold any office or employment with any sheriff, assessor, or clerk of court.
E. No person holding a full-time appointive office or full-time employment in the government of this state or of a political subdivision thereof shall at the same time hold another full-time appointive office or full-time employment in the government of the state of Louisiana, in the government of a political subdivision thereof, or in a combination of these.
F. No person holding an elective office in any branch of state government shall contract, on a full-time basis, to provide health or health-related services for any agency of state government. No person engaged in a contract on a full-time basis, with any agency of state government to provide health or health-related services shall hold an elective office in any branch of state government.
Added by Acts 1979, No. 700, §1. Acts 1987, No. 837, §1, eff. July 20, 1987; Acts 1989, No. 60, §1; Acts 1995, No. 673, §1; Acts 2009, No. 178, §1.
A. In addition to the prohibitions otherwise provided in this Part, no other offices or employments shall be held by the same person in combination if any of the following conditions are found to pertain and these prohibitions shall exist whether or not the person affected by the prohibition exercises power in conjunction with other officers:
(1) The incumbent of one of the offices, whether or not in conjunction with fellow officers, or employment has the power to appoint or remove the incumbent of the other, except that local governmental subdivisions may appoint members of the governing body to boards and commissions created by them and over which they exercise general powers as provided in Article VI, Section 15 of the Constitution of Louisiana. A board or commission so created may elect officers from its own membership, and if a joint commission of two parishes, except a joint commission that has as its function the operation and maintenance of a causeway and its related roadways, may also appoint a member of one of such parish's governing body to be its general superintendent.
(2) The incumbent of one office, whether or not in conjunction with fellow officers, or employment receives the oath and/or bond of the incumbent of the other.
(3) The incumbent of one office, whether or not in conjunction with fellow officers, or employment is charged by law with instituting actions for penalties against the incumbent of the other office or employment.
(4) The incumbent of one office, whether or not in conjunction with fellow officers, or employment is required by law to execute orders and follow directions given by the incumbent of the other office or employment.
(5) One office, whether or not in conjunction with fellow officers, or employment is charged with auditing the accounts of or approving the budget of the other position.
(6) Funds received by one office or employment are deposited with or turned over to the other office or position.
B. A joint commission that has as its function the operation and maintenance of a causeway and its related roadways, created by two or more parishes, shall not appoint a member of the governing authority of any of the parishes or an employee thereof to the joint commission. No member of a parish governing authority or employee thereof shall serve as a member of a joint commission that has as its function the operation and maintenance of a causeway and its related roadways, created by the parish by agreement with one or more other parishes.
C. No other combination of offices or employments shall be deemed to be incompatible unless the powers, functions, or duties are found to be adverse to the public interest as set forth in Section 61 of this Part.
Added by Acts 1979, No. 700, §1. Acts 1988, No. 363, §2, eff. July 8, 1988.
A.(1)(a) The attorney general, a district attorney, or any citizen of the state of Louisiana may by summary process petition for a declaratory judgment against a person alleged to be holding or to have held incompatible offices or employments or holding or have held a combination of offices or employments prohibited in this Part. Venue for the suit for a declaratory judgment shall be at the domicile of the defendant who is or was employed or at the official domicile of any office held by the defendant.
(b) Prior to filing a petition pursuant to Subparagraph (a) of this Paragraph, the attorney general or district attorney shall send written notice by certified mail to the person detailing the alleged violation of this Part.
(2) Whether a person has vacated an incompatible or prohibited office or employment prior to the filing of the suit for declaratory judgment or prior to issuance of a final judgment in the suit shall not prohibit the court from declaring that the person has held incompatible offices or employments or a combination of offices or employments prohibited in this Part and ordering reimbursement pursuant to Subsection C of this Section.
B. If the court declares that the person is holding offices or employments in violation of this Part, the court shall declare the office with the term first to expire or one of the employments vacant and shall enjoin the person from further carrying out the duties of that office or employment; however, a person holding an elective office shall continue to serve and perform the duties of that office until his successor has qualified.
C. The court may order the reimbursement to the appropriate governmental body of all pay or other compensation and all allowances, including all allowances and payments for travel and other expenses which have been received by the official or employee in the position vacated, during a period of time not to exceed six months preceding the filing of suit for declaratory judgment. If the person vacates the position or office to remedy a violation of this Part within fourteen days after written notice of the violation is sent by the attorney general or a district attorney pursuant to Subparagraph (A)(1)(b) of this Section, such person shall not be subject to the reimbursement provided for in this Subsection. If the person against whom a declaratory judgment is rendered has obtained an opinion of the attorney general issued prior to the filing of the suit for a declaratory judgment stating that the combination of offices or employments are not incompatible, and are not in violation of this Part, the court shall comply with Subsection B of this Section; however, the person against whom the declaratory judgment was rendered shall not be required to return any portion of the compensation or allowances received by him prior to the date on which the declaratory judgment becomes final. Whenever any person requests an opinion of the attorney general concerning the offices or employments covered hereby, he shall at the same time provide to the attorney general information describing each of the employments or offices concerning which he requests the opinion, the number of hours worked or normally expected to be worked by him per each day of work for each of such employments or offices, the number of hours worked by him per week for such employments or offices, and shall thereafter furnish any other information the attorney general deems necessary for the issuance of the opinion.
Added by Acts 1979, No. 700, §1; Acts 2010, No. 829, §1.
A. Nothing in this Part shall be construed to prohibit any of the following classes of officials or employees from serving in other offices or employments:
(1) Notaries public.
(2) Officers in the military service of the United States detailed to educational institutions in the state and persons serving in the National Guard or reserve military forces of the United States or of the state of Louisiana.
(3) Delegates to and employees of any constitutional convention or any charter commission.
(4) Presidential electors.
(5) Persons serving on any board, commission, or committee which is solely advisory in nature.
(6) The governor or his designee, when serving as a member of a state agency, commission, or other state entity in accordance with a provision of the constitution, laws, resolution, or executive order of this state.
(7) Any official who holds another office by virtue of the office to which he is elected or appointed.
(8) A board member of a community action agency.
(9) Persons serving as district or state soil and water conservation committee members.
(10) The current administrator of the Jefferson pre-trial release program.
B. Nothing in this Part shall be construed to prevent a school teacher or person employed in a professional educational capacity in a grade school, high school, other educational institution, parish or city school board from holding at the same time an elective or appointive office.
C. Nothing in this Part shall be construed to prohibit a municipal officer or employee from holding another municipal office or employment as authorized by R.S. 33:381(C).
D. Nothing in this Part shall be construed to prohibit a municipal and/or parochial officer or employee from holding another municipal and/or parochial office or employment as specifically authorized by a legislative or home rule charter, nor shall it be construed to authorize a municipal and/or parochial officer or employee to hold another municipal and/or parochial office or employment when prohibited by a home rule charter.
E. Nothing in this Part shall be construed to prohibit a certified public accountant who is a member of a school board in any parish having a population of less than fifty thousand according to the latest federal decennial census from holding employment with a sheriff to provide financial or accounting services.
F. Nothing in this Part shall be construed to prohibit a coroner from holding another appointive office or employment in any governmental entity in the capacity of a physician.
G. Nothing in this Part shall be construed to prohibit the following persons from also holding the position of assistant United States attorney when so designated for cooperative efforts in criminal prosecutions and without additional compensation:
(1) The attorney general.
(2) Assistant attorneys general.
(3) District attorneys.
(4) Assistant district attorneys.
(5) City attorneys.
(6) Assistant city attorneys.
H. Nothing in this Part shall be construed to prevent a member of a board of a health care facility of the state, or a political subdivision thereof, from also serving as an employee of a health care facility of the United States government.
I.(1) Nothing in this Part shall be construed to prevent an employee of the United States Postal Service from holding at the same time a local elective office in a village or town, provided such village or town has a population of five thousand or less, according to the latest federal decennial census.
(2) Nothing in this Part shall be construed to prohibit a person employed in the state classified civil service as a toll collector, whether full time or part time, from at the same time being employed as an emergency rural carrier with the United States Postal Service, provided that such person was employed as a toll collector as of January 1, 1999.
J. Nothing in this Part shall be construed to prohibit an elected school board member from holding employment as a juvenile probation officer in a district court, as a parish prison warden, or as a deputy sheriff provided that such person, on September 7, 1979, held elective office as a school board member and at the same time held elective or appointive office in juvenile services of the district court, or held elective office as a school board member and at the same time held employment as a parish prison warden or as a deputy sheriff and has continued to so serve as a school board member and in juvenile services of the district court, or as a school board member and as a parish prison warden or a deputy sheriff. The provisions of this Subsection relative to parish prison wardens and deputy sheriffs shall not be applicable in Orleans Parish, Jefferson Parish, or East Baton Rouge Parish.
K. Nothing in this Part shall be construed to prohibit a mayor of a municipality with a population of not more than five thousand who is a licensed physician from being employed in or appointed to any position for which a physician is required at the Lallie Kemp Regional Medical Center.
L.(1) Nothing in this Part shall be construed to prevent a deputy sheriff from holding the office of either mayor or alderman of a municipality, provided such municipality has a population of two thousand five hundred or less, according to the latest federal decennial census.
(2)(a) Nothing in this Part shall be construed to prohibit a deputy sheriff from holding the office of part-time constable of a justice of the peace court whose jurisdiction has a population of fifteen thousand or fewer persons according to the 1990 federal decennial census, or from holding the office of part-time constable or part-time marshal of a city court in a municipality with a population of ten thousand or fewer persons according to the 1990 federal decennial census, provided such person held both the office of deputy sheriff and the office of constable or marshal prior to January 1, 1997.
(b) Repealed by Acts 2001, No. 127, §1.
M. Nothing in this Part shall be construed to prohibit a chief of police of a municipality with a population of less than five thousand according to the 1990 federal decennial census from holding the office of deputy sheriff.
N. Nothing in this Part shall be construed to prohibit a person holding employment in the government of the state from holding at the same time an elective office in the government of a municipality of this state with a population of less than six thousand five hundred according to the 1990 federal decennial census, unless the particular nature of such employment in combination with the duties and interests of such elective office is incompatible as provided in this Part or is found to be adverse to the public interest as set forth in R.S. 42:61.
O. Nothing in this Part shall be construed to prohibit a member of the faculty or staff of a public higher education institution from also holding an appointive office or employment in the government of the United States in a health care facility as a health care provider or researcher.
P. Nothing in this Part shall be construed to prohibit the clerk of court of Jefferson Parish from holding the clerk of court position provided in R.S. 13:2590.2.
Added by Acts 1979, No. 700, §1. Amended by Acts 1982, No. 466, §1, eff. July 21, 1982; Acts 1988, No. 408, §1; Acts 1989, No. 673, §1; Acts 1990, No. 1094, §1, eff. July 31, 1990; Acts 1992, No. 1073, §1; Acts 1995, No. 656, §1; Acts 1998, 1st Ex. Sess., No. 153, §1; Acts 1999, No. 249, §1; Acts 1999, No. 251, §1, eff. June 11, 1999; Acts 1999, No. 374, §1; Acts 2001, No. 127, §1; Acts 2001, No. 335, §§1 and 2, eff. June 6, 2001; Acts 2001, No. 749, §2, eff. June 25, 2001; Acts 2002, 1st Ex. Sess., No. 133, §1, eff. April 23, 2002; Acts 2006, No. 85, §3, eff. May 25, 2006; Acts 2011, 1st Ex. Sess., No. 35, §1; Acts 2012, No. 811, §15, eff. July 1, 2012; Acts 2013, No. 414, §1; Acts 2018, No. 536, §1, eff. May 28, 2018.
A. Each appointee to or employee in a management position that is added to the unclassified state civil service by the Civil Service Commission under authority of Article X, Section 2(B) of the Louisiana Constitution, shall be subject to the provisions of this Part.
B. For purposes of this Part, "management position" means a position in which the appointee or employee performs one or more of the following activities within an agency in the executive branch of state government:
(1) Exercises important policy-making, policy-determining, or other executive functions.
(2) Directs the work of an organizational unit.
(3) Is held accountable for the success of one or more specific programs or projects.
(4) Monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to those goals.
Added by Acts 1983, No. 693, §1.
Each person appointed to a management position covered by this Part shall have at least the following qualifications:
(1) A bachelor's degree from an accredited college or university; however, appropriate work experience related to the position of appointment or employment may be substituted on a year for year basis for such degree.
(2) Three years of responsible managerial experience.
Added by Acts 1983, No. 693, §1.
The provisions of this Part shall not be applicable to any person holding a position defined in R.S. 42:67 on the effective date of this Part. Additionally, the provisions of this Part shall not apply to management positions in those offices of the executive branch of state government provided for in Article X, Section 2(B)(10).
Added by Acts 1983, No. 693, §1.
The civil service commission is hereby authorized to establish additional qualifications for any position defined in R.S. 42:67.
Added by Acts 1983, No. 693, §1.
A. Within sixty days after each election for governor, the Civil Service Commission shall submit to the governor-elect a list of employees in the classified service holding supervisory positions or positions at other levels of management of major programmatic functions within an agency who meet the minimum qualifications for management personnel set forth in R.S. 42:67.1 and who are thereby eligible for and who desire to apply for appointment to a position of management in the unclassified service. The governor-elect may consult this list in making his appointments to unclassified management positions in the executive branch of state government and may make the list available to secretaries or other heads of departments in the executive branch of state government who will take office at the same time as the governor to whom the list is submitted.
B. In order to effectuate the purposes of this Section, the Department of Civil Service shall establish a program for the systematic identification of qualified classified employee candidates for unclassified management positions in the executive branch of state government. Every agency whose employees are in the classified state civil service shall participate in such program and shall cooperate with the department in carrying out such program under guidelines established by the department in accordance with applicable rules of the Civil Service Commission.
Added by Acts 1983, No. 693, §1.
Any person who assumes or pretends to be a public officer without the authority of an election, or without the authority of a commission from the governor when a commission is required; or who has been duly addressed out of an office that he held, in the manner provided by Article IX, Section 3, of the Constitution of Louisiana, or who has been removed from such an office by impeachment or recall, is a usurper.
Any usurper who attempts to exercise the functions of a public officer or office, and who interferes with any public officer in the discharge of his duties; or refuses to vacate an office, after having been removed therefrom in the manner provided by Article IX, Section 3, of the Constitution of Louisiana, or by impeachment or recall, shall be fined not more than five hundred dollars or imprisoned not more than six months, or both.
Each day's action by a usurper shall constitute a separate offense.
Amended by Acts 1960, 3rd Ex.Sess., No. 3, §1.
Any public officer who gives adhesion to, or in any manner recognizes the authority of any usurper as contemplated by R.S. 42:71, forfeits his office.
Whenever the governor ascertains that any public officer, whose office is established by an act of the legislature, has given adhesion to or recognized the authority of any usurper as provided in R.S. 42:71 and 42:72, he may declare that the officer has forfeited his office, and fill the vacancy by appointment under the provisions of the constitution and laws regulating appointments to fill vacancies.
Whenever the governor is informed that any public officer has forfeited his office by giving adhesion to or recognizing any usurper the governor may, when the office is established by the constitution, direct the Attorney General or the district attorney to take legal proceedings before the court of competent jurisdiction to have the forfeiture declared.
These proceedings shall be summary and be had by rule, with notice of one full day to the offender. The court shall hear and determine the rule at once.
Any appeal taken shall be made returnable within ten days, and shall be heard by preference by the supreme court, as in case of contest for judicial office.
Whenever the court of competent jurisdiction declares that any public officer, whose office is established by the constitution, has forfeited his office, within contemplation of R.S. 42:72, the governor shall fill such office by appointment under the laws providing for filling vacancies in public offices.
An action shall be brought in the name of the state in any of the following cases:
(1) When any person usurps, intrudes into, or unlawfully holds or exercises or attempts to remain in possession of any public office or franchise within this state.
(2) When any public officer has done, or suffered to be done, an act which under the laws of this state constitutes a forfeiture of his office.
(3) When any association or any number of persons act as a corporation without being duly incorporated.
This action shall be brought by the attorney general of the state or by the parish district attorney of the parish in which the case arises against the offender, and the suit shall be filed in the district court of that parish.
The action may also be brought by the governor appearing in proper person or through the attorney general of the state or other counsel he may select.
In the cases provided in R.S. 42:76(1) and 42:76(2), the action may be brought by any person demanding possession of the office against any person claiming or exercising the functions of the office.
Service shall be made in the cases provided for in R.S. 42:76 and 42:77, the same as in other civil suits, and the answer of the defendant shall be filed within the legal delays as in other suits. These cases shall be tried by preference over all other cases, without being fixed for trial after issue joined.
When the suit is brought by the attorney general of the state or by the district attorney under the provisions of R.S. 42:76 on the relation or information of any interested person, the name of that person shall be joined with the state as plaintiff.
When an action is brought against a person for usurping or intruding into or unlawfully holding or attempting to retain possession of a public office, the person who brings the action must set forth in the complaint the name of the person rightfully entitled to the office, with a statement of his right thereto.
In this case or in case the suit is brought by a claimant to the office on proof that the defendant is in bad faith holding or attempting to retain possession of a public office and in such bad faith has received fees or emoluments belonging to the office, the court may in its decree require the defendant to refund them and render judgment against him for the amount thereof as in other civil suits.
If the judgment is against the defendant, and rendered upon the right and in favor of the person alleged to be entitled to the office, he shall have the right, after taking the oath of office, and otherwise complying with the requirements of law, to take upon himself the execution of the office, and he shall immediately demand of the defendant all the books and papers pertaining to the office.
If the judgment is in favor of the person alleged to be entitled to the office, he may recover the damages he sustained by reason of the usurpation by the defendant.
Where several persons claim to be entitled to the same office or franchise one action may be brought against all of them in the same suit in order to try their rights to the office or franchise.
When the defendant against whom such action is brought is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising any office, franchise or privilege, judgment shall be rendered that the defendant be excluded from the office, franchise, or privilege, and also that the plaintiff recover costs against the defendant, and such damages as are proven to have been sustained.
Appeals to the supreme court may be taken from the action provided for in R.S. 42:76 through 42:84, the same as in other cases. But all these cases shall take preference when they come before the supreme court over all other cases in the order of trial, and shall be made returnable to the court, on motion of either of the parties.
All the cases coming under the provisions of R.S. 42:76 through 42:84 may be tried before a judge of the district in chambers, or at a special term called by the judge on legal notice being given the parties interested; and, if required by either party, the judge may order a special jury, to be summoned according to law, to try the case.
Whenever there is pending in any court of this state, an untried suit wherein the title to or possession of any office is involved, regardless of the nature of the pleadings, it may be discontinued by the plaintiff upon payment of costs.
The purpose of this Chapter is to prohibit a person who has his professional license or certificate suspended or revoked from serving as a member of a board or regulatory entity if membership on the board requires a valid professional license or certificate.
Acts 1995, No. 64, §1, eff. June 12, 1995.
A. Any person who is appointed, elected, or serves ex officio on any board which membership is conditioned on the possession of a current and valid occupational or professional license or certificate, whose occupational or professional license or certification is suspended or revoked by the board issuing the occupational or professional license or certification, shall be automatically suspended from the board and shall not be reelected or reappointed until his occupational or professional license or certification is reinstated by the issuing board.
B. As used in this Chapter, "board" means the governing authority which has the ultimate jurisdiction over a profession, occupation, or activity which under state law or regulation requires a person to meet certain skills, training, or educational standards prior to being authorized, licensed, or certified to practice or to render a specific service or engage in a trade.
Acts 1995, No. 64, §1, eff. June 12, 1995.
A. Each public officer, within thirty days after receipt of his commission or within thirty days after receipt of his commission certificate, whichever is later, shall take the oath of office prescribed by law, and give bond, when required, and file the same in the proper office in the manner required by law.
B. Subject to the time limitation set forth in Subsection A of this Section, a public officer may take his oath of office at any time after he receives his commission or commission certificate. An oath taken prior to the date shown on the commission shall be deemed to have been taken on and shall be effective on and after the date on which the term of office for which the oath is taken commences. In cases where the office is one for which no date for term of office is set, an oath taken prior to the date on the commission shall be deemed to have been taken on and shall be effective on and after the date on the commission.
C. Failure to comply with the requirements of this Section shall create a vacancy in the office, and the vacancy shall be filled in accordance with law as in other cases of vacancy.
Amended by Acts 1979, No. 652, §1; Acts 2003, No. 320, §1.
The provisions of R.S. 42:141 shall not apply to any person elected, or appointed to any public office while serving in the military service of the United States outside the continental limits of the United States.
These persons shall qualify for office by:
(1) Taking the oath and giving bond, where required, within sixty days after returning to the continental limits of the United States; or
(2) Executing their oath and bond in any part or possession of the United States, or any foreign country.
In any case the oath and bond may be signed and executed before any commissioned officer of the military service of the United States, with the same force and effect as if before a notary public within this state.
All public officers shall take and subscribe to the oath or affirmation required by Article X, Section 30 of the constitution before acting in their respective offices.
Acts 2003, No. 320, §1.
A. The oath or affirmation of all officers of the state may be administered by the governor, any judge, justice of the peace, notary public, or clerk of court. Except as otherwise provided in Subsection B of this Section, the oath or affirmation shall be subscribed to by the party taking it, and certified in his commission by the person administering it and shall be deposited in the office of the secretary of state and recorded by him at no charge to the elected or appointed official. The oath or affirmation of all parish officers shall also be recorded in the clerk of court's office of the parish where the same may have been administered, to be recorded by the clerk of court in a book kept for that purpose at no charge to the elected or appointed official.
B. For members of each house of the legislature who take the oath or affirmation at the organizational session of the legislature as provided in Article III, Section 2(D) of the Constitution of Louisiana, the clerical officer of each house of the legislature shall deposit in the office of the secretary of state a certified journal entry of the proceedings of that house which reflects the taking of the oath of office as provided in the constitution. The secretary of state shall record each certified journal entry in the same manner the oaths or affirmations received pursuant to Subsection A of this Section are recorded. For the members of the legislature who took the oath of office at the organizational session of the legislature, the certified journal entry shall fulfill the requirements of this Part to take and subscribe to the oath or affirmation.
C. The oath or affirmation shall be deposited for recordation within one month after the same shall have been administered. A certified journal entry submitted pursuant to Subsection B of this Section shall be deposited for recordation no later than one month following the organizational session of the legislature.
Acts 1988, No. 850, §1; Acts 2003, No. 320, §1; Acts 2012, No. 4, §1, eff. Apr. 25, 2012; Acts 2025, No. 269, §1.
NOTE: Acts 2012, No. 4, §2 provides that the Act is remedial, curative, and procedural and is to be applied retroactively and prospectively.
The salary of any officer in this state whose compensation depends upon or is to be computed by time of service shall commence from the date on which he took the oath of office, or, where the oath is taken in compliance with Section 141 of Title 42, from the effective date as set therein.
Amended by Acts 1978, No. 437, §1; Acts 1979, No. 652, §2.
All public officers who are required by law to give bond, shall give bond secured by a personal surety residing within the parish where the officer exercises the functions of his office, or by a reputable and reliable surety company doing business in the state.
The provisions of R.S. 42:181 shall not apply to the State Treasurer, the State Auditor, parish recorders and clerks of the district courts.
The bonds of state officers shall be made payable to the governor, and those of the parish officers to the president of the police jury or other governing authority of the parish.
The bonds of public officers shall be accepted by the parish recorder, the clerk of the district court, and the president of the police jury, or any two of them, in the absence of the third, within thirty days from the date of his commission, and before entering upon his duties.
This shall apply in all the parishes except in the city of New Orleans, where that duty shall be performed by the recorder of mortgages.
The acceptance of the sureties offered upon the bond of any public officer must be unanimous. On the refusal to accept any surety, the district judge shall have the power, upon application made in vacation or in term time, to compel the officials whose duty it is to accept the sureties to show cause why they should not accept them. In all such cases these officials shall, upon demand by the party complaining, certify their decision and evidence upon which it is based to the judge who shall decide thereon immediately; and from his decision and order in the premises there shall be no appeal.
The bond of any public officer shall be authenticated by the attestations of two witnesses and the signature of the recorder; it shall also be recorded in a separate book kept for that purpose, and it shall also be registered in the mortgage records of the several parishes where the principal obligor may own real estate.
The bonds, when duly registered, shall operate from and after the date of the registry as a mortgage upon all of the real estate of the principal obligor.
This does not apply to bonds signed by surety companies which shall be recorded only in the parish where the public officer resides and, shall not operate as a mortgage on any property which may be owned by the public officer.
All bonds must remain on file in the office of the recorder of mortgages and a duly certified copy shall always be admissible in evidence.
The recorder shall transmit to the secretary of state certified copies of all bonds of state officers taken by him, with a certificate of registry in the mortgage records, within three months after their execution.
Whoever violates this Section shall be fined five hundred dollars.
Amended by Acts 1978, No. 437, §1.
Whenever a surety on any official bond has good cause to fear that the public officer will render him liable by reason of his misfeasance, malfeasance or neglect of official duties, the surety may, by rule upon the officer cause him to appear before any court of competent jurisdiction to show cause why the surety should not be released from further liability upon the bond.
The public officer shall be allowed ten days after service of the rule within which to answer, and upon the trial of the rule, if the court is satisfied that the apprehensions of the surety are well founded, a decree shall be entered requiring the officer to execute a new bond within a time fixed by the court of not less than ten days nor more than twenty days after final judgment, and further decreeing the release of the surety from all liability upon the bond after the expiration of the time allowed to give a new bond.
When the public officer fails or refuses to give a new bond, with good and sufficient surety, within the time prescribed by the court, he shall be ipso facto deprived of his office.
All suits brought by a surety under R.S. 42:190 shall be preference cases and shall be tried summarily without the intervention of a jury.
The governor is authorized to direct the institution of suits by the Attorney General or district attorney to test the sufficiency and solvency of the sureties on the bond of any public officer, even after approval of the bond by those whose duty it is to pass upon it.
The suits provided for in this Section may be brought in any court of competent jurisdiction; they shall be tried summarily and in chambers, after ten days notice; and no suspensive appeal shall be allowed from a judgment which declares the bond insufficient or the sureties thereon insolvent unless the officer furnishes a new bond, approved by the proper officers and by the judge who rendered the original judgment.
Within ten days after the rendition of final judgment setting aside any bond on account of its insufficiency, or the insolvency of the sureties, the party whose bond has been declared unsatisfactory shall furnish a new bond, approved by the judge who rendered the original judgment. In the event of failure to furnish a new satisfactory bond the office shall be declared vacant and filled by appointment under existing laws.
The principal and the sureties on official bonds shall not be released or discharged by reason of any change in salaries, fees, commissions or perquisites of office, during the time for which the bond has been given.
Whenever an execution issues against a defaulting officer, the officer to whom the execution is directed, may seize and sell any lands which belonged to the principal obligor at the date of the registry of his official bond, without regard to any subsequent transfer or change of title, and in whatever hands the property is found.
No sale shall be made of the property of the sureties until that of the principal has been discussed.
The sureties on all bonds given by all public officers may stipulate the amount for which they will severally become liable. This Section does not apply to sureties on the bonds of the State Treasurer and the State Auditor.
All public officers commissioned by the governor, who are required to give bond, may give a special mortgage on property situated within the parish in which they respectively exercise their functions. The mortgage shall be accepted by the persons appointed by law to accept the bond.
The public officer proposing to mortgage property shall exhibit his title and a certificate of mortgages, to the persons authorized to approve the bond, who shall cause the property to be appraised, and not receive it unless it is double the amount of security required, after deducting all mortgages. The persons taking the mortgage shall cause it to be inscribed in the office of the recorder of mortgages, as required by law.
All public officers who have personal sureties on their official bonds may at any time release them by giving a special mortgage, as provided in R.S. 42:198.
The effect of the special mortgage authorized by R.S. 42:198 is to free and release the surplus of the property of the person giving it from all mortgages resulting from his official bond.
All public officers who are required to give bond and have availed themselves of the privilege to give a special mortgage, are authorized to have this mortgage transferred to other property, by applying to the governor in the manner specified in R.S. 42:202.
The application for the transfer of a special mortgage to other property must be made by petition to the governor, who shall appoint two competent persons to evaluate the property offered as a substitute; and if a sworn appraisement of the property shows that its value is sufficient to answer for the sum required, then after accepting the new mortgage, the governor shall have it recorded in the manner directed by law, and authorize the cancellation of all anterior special mortgages, so far as the state may be interested.
All bonds with security and all mortgages which have been furnished by any public officer who has resigned or died, or whose office has expired by limitation, or who has been dismissed from office, shall be automatically cancelled by such eventualities, and no additional requirement for cancellation is necessary. The provisions of this Section do not apply to the collector of state taxes and licenses, nor to the state tax assessors, whose bonds and mortgages may be cancelled by the State Comptroller according to law. The provisions of this Section shall likewise not affect the responsibility of sureties on said bonds and mortgages by acts of the principal where there is liability prior to the cancellation of the said bonds or mortgages.
Amended by Acts 1964, No. 233, §1.
§§204, 205 Repealed by Acts 1964, No. 233, §2
All state boards or commissions, or institutions whose employees are required to give a bond in favor of the state shall pay the premium on the bond.
A. Except as provided by Subsection C of this Section or as otherwise provided by law, the district attorneys of the several judicial districts other than the parish of Orleans shall, ex officio and without extra compensation, general or special, be the regular attorneys and counsel for the parish governing authorities, parish school boards, and city school boards within their respective districts and of every state board or commission domiciled therein, the members of which, in whole or in part, are elected by the people or appointed by the governor or other prescribed authority, except the state boards and commissions domiciled at the city of Baton Rouge, and all boards in charge or in control of state institutions.
B. Except as provided by Subsection C of this Section or as otherwise provided by law, all legal services for parish governing authorities, parish school boards, city school boards and all state boards and commissions, including levee boards, hospital and asylum boards, educational boards and dock boards, the members of which, in whole or in part, are elected by the people or are appointed by the governor or other prescribed authority, in reference to the issuance of bonds, notes or other evidences of indebtedness, whether in the original instance or for refunding purposes, shall be under the supervision, control and authority of the attorney general.
C. Notwithstanding the provisions of Subsections A and B of this Section or of any other law, the governing authority of Terrebonne Parish may retain or employ, on a full or part-time basis or on retainer, an attorney to serve as its regular or special attorney and in such case may fix and pay the salary or compensation of said attorney. The employment of an attorney under this authorization relieves the district attorney of responsibility.
D.(1) Except as otherwise permitted by this Section it shall be unlawful for any parish governing authority or state board or commission to retain or employ for any compensation whatever any attorney or counsel to represent it generally, or except as provided in R.S. 42:263, to retain or employ any special attorney or counsel for any compensation whatever to represent it in any special matter, or pay any compensation for any legal services whatever, provided that the board of commissioners of the port of New Orleans shall select its own attorney.
(2) The provisions of this Subsection shall not apply to the assessor of the parish of Orleans, the salary of whose attorney is paid by the city of New Orleans, nor shall it apply to the Board of Liquidation of the City Debt created by Act 110 of 1890.
E. Notwithstanding the provisions of this Section or any law to the contrary, the Louisiana Board of Chiropractic Examiners may retain and employ counsel as specifically provided in R.S. 37:2804(F), and the attorney general shall be relieved of his responsibility to serve as attorney for the board, in such instances as provided therein.
F. Notwithstanding any other provision of this Section or any other law to the contrary, nothing shall prohibit the governing authorities of the parishes of St. Charles, Ouachita, Morehouse, Calcasieu, Vermilion, and Acadia from each employing or retaining its own attorney to represent it generally; however, except in those specific instances where expressly allowed by law, no payment to such attorney so employed or retained shall be made on a contingent fee or other percentage basis. The employment of attorneys by the political subdivisions of the aforementioned parishes shall relieve the district attorneys of the judicial districts serving the parishes from any other duty of representing the political subdivisions of the parishes.
G. Notwithstanding the provisions of this Section or any other law to the contrary, the Recreation and Park Commission for the parish of East Baton Rouge may retain and employ counsel as otherwise more specifically provided in R.S. 16:2.1 and the district attorney shall be relieved of his responsibility to serve as attorney for the commission only in such instances as provided therein.
H. Notwithstanding any other provision of this Section or any other law to the contrary, and as a further exception to the general prohibition contained in this Section, any hospital service district created by or pursuant to state law may employ or retain its own attorney, the compensation of said attorney to be fixed and paid by the board of said district, in which event the district attorney of the judicial district in which the hospital service district is domiciled shall be relieved of the duty of representing said hospital service district.
I. Notwithstanding the provisions of this Section or of any other laws to the contrary, the Natchitoches Parish School Board is hereby authorized to select its own attorney to serve as general counsel of said board, the compensation of the attorney to be fixed and paid by the board. The employment of an attorney by the school board shall relieve the district attorney of the judicial district serving Natchitoches Parish from any duty to represent the school board.
J. Notwithstanding the provisions of this Section or any law to the contrary, the Louisiana Student Financial Assistance Commission may retain and employ counsel as specifically provided in R.S. 17:3025 and the attorney general shall be relieved of his responsibility to serve as attorney for the commission only in such instances as provided therein. The compensation of said counsel shall be fixed and paid by the commission with the approval of the governor.
Amended by Acts 1952, No. 127, §16; Acts 1952, No. 264, §1; Acts 1960, No. 304, §1; Acts 1960, 2nd Ex. Sess., No. 5, §1; Acts 1964, No. 7, §1; Acts 1974, No. 479, §1; Acts 1974, No. 696, §1; Acts 1976, No. 140, §1; Acts 1976, No. 236, §1; Acts 1978, No. 315, §2; Acts 1978, No. 588, §2; Acts 1978, No. 612, §1; Acts 1979, No. 324, §2; Acts 1979, No. 507, §1; Acts 1980, No. 835, §1; Acts 1981, No. 734, §1; Acts 1982, No. 84, §1; Acts 1983, No. 184, §2; Acts 1983, No. 475, §§2, 3; Acts 1987, No. 267, §2; Acts 1988, No. 729, §1; Acts 1999, No. 384, §1; Acts 2001, No. 359, §2; Acts 2006, No. 622, §6, eff. Dec. 11, 2006; Acts 2011, 1st Ex. Sess., No. 35, §1; Acts 2016, No. 168, §1; Acts 2018, No. 30, §2, eff. May 10, 2018.
NOTE: R.S. 17:3025 and the La. Student Financial Assistance Commission were repealed by Acts 2017, No. 314
Each parish and city school board in the state may select, employ, fix the salary of and pay its own general attorney, in which case the district attorney shall be relieved of responsibility to serve as counsel for such board.
Acts 1983, No. 475, §2.
Repealed by Acts 1983, No. 475, §3.
Personal judgments for sums of money rendered against present or former public officers or employees of the state or their estates for acts or omissions in the course of public employment shall not become executory until ninety days after the close of the next regular legislative session following the time such judgments become final, or until such time as the Legislature appropriates funds therefor, whichever occurs first, provided, the provisions of this Section shall not affect any special fund or funds created for the payment of special benefits.
For purposes of this section, a judgment becomes final, if appealed from, as provided by Articles 2166 and 2167 of the Code of Civil Procedure or, if there is no appeal taken from such judgment, after the delay for a devolutive appeal therefrom has elapsed.
Added by Acts 1978, No. 136, §1, eff. June 26, 1978.
A. In the event that the attorney general, or any state agency, board or commission, not including any public postsecondary education institution, is represented by a special attorney or counsel, the special attorney or counsel shall not be compensated for such representation on a contingency fee or percentage basis in the absence of express statutory authority, including R.S. 17:100.10, R.S. 23:1669, R.S. 37:2153, R.S. 41:724 and 922, R.S. 42:1157.3, R.S. 46:15, R.S. 47:1512, 1515.3, 1516, 1516.1, and 1676. In retaining a special attorney or counsel, preference shall be given to private attorneys licensed to practice law in this state and law firms domiciled and licensed in this state.
B. Any recovery or award of attorney fees, including settlement, in litigation involving the attorney general or any state agency, board, or commission, not including any public postsecondary education institution, belongs to the state and shall be deposited into the state treasury into the Department of Justice Legal Support Fund in accordance with R.S. 49:259. No payment of attorney fees shall be made out of state funds in the absence of express statutory authority, including R.S. 17:100.10, R.S. 23:1669, R.S. 37:2153, R.S. 41:724 and 922, R.S. 42:1157.3, R.S. 46:15, R.S. 47:1512, 1515.3, 1516, 1516.1, and 1676, except such payment of attorney fees as may be approved by the Joint Legislative Committee on the Budget during the interim between legislative sessions.
C. Any special attorney or counsel retained or employed by the attorney general, or any state agency, board, or commission, not including any public postsecondary education institution, shall not accept nor demand as payment for the services rendered by the special attorney or counsel anything of economic value from any third party.
D. All contracts with any special attorney or counsel shall require the keeping of accurate records of the hours worked and the expenses incurred in the representation of the public entity. In no case shall the attorney general, or any state agency, board, or commission, not including any public postsecondary education institution, incur fees in excess of five hundred dollars per hour for legal services. In the event of a settlement or final judgment which would result in an award of attorney fees in excess of five hundred dollars per hour, the fee amount shall be reduced to an amount equivalent to five hundred dollars per hour, or the maximum rate approved by the Attorney Fee Review Board, whichever is greater.
E. The provisions of this Section shall not apply to attorneys or counsel retained pursuant to R.S. 39:1533(B) and R.S. 49:258 for purposes of defending the state, its agencies and its employees in tort litigation or other matters involving the Self-Insurance Fund as established in R.S. 39:1533.
F. To the extent not otherwise prohibited by Subsections A, B, C, and D of this Section, the following provisions additionally apply to the retainer of any special attorney or counsel:
(1) In the event it should be necessary to protect the public interest, for any state board or commission to retain or employ any special attorney or counsel to represent it in any special matter for which services any compensation is to be paid, the board or commission may retain or employ such special attorney or counsel solely on written approval of the governor and the attorney general and pay only such compensation as the governor and the attorney general may designate or approve in the written approval. The approval shall be given in their discretion upon the application of the board or commission.
(2) The applicant shall include in its application all of the following:
(a) A resolution that includes all of the following:
(i) A statement showing that a real necessity exists.
(ii) A statement fully providing the reasons for the action.
(iii) A statement of the total compensation to be paid.
(iv) The statutory authority for the contingency fee if the contract contains such a fee.
(b) A copy of the proposed contract described in the resolution.
(3) The governor and attorney general shall not ratify or approve any action of a board, or commission, not including any public postsecondary education institution, in employing any special attorney or counsel or paying any compensation for special service rendered, unless all the formalities as provided by this Section have been complied with or if any of the following apply:
(a) The terms of the resolution do not match the required terms of the contract.
(b) The need is not sufficiently shown in the resolution.
(c) The fee is unreasonable.
(d) The governor or attorney general determines there is a valid reason not to ratify or approve the action.
(4) The governor or attorney general shall respond to the application in writing by giving approval or rejection with reasons.
G. The provisions of this Section shall not apply to any legal fees or attorney compensation made in connection with the issuance of bonds, notes, or other issuances of indebtedness when such legal fees or attorney compensation are approved by the State Bond Commission pursuant to R.S. 39:1405.4.
Acts 2014, No. 796, §1, eff. June 19, 2014.
A. No parish governing authority, levee board except as provided in Subsection B hereof, parish school board, city school board, or other local or state board shall retain or employ any special attorney or counsel to represent it in any special matter or pay any compensation for any legal services whatever unless a real necessity exists, made to appear by a resolution thereof stating fully the reasons for the action and the compensation to be paid. The resolution then shall be subject to the approval of the attorney general and, if approved by him, shall be spread upon the minutes of the body and published in the official journal of the parish.
B. Notwithstanding the provisions of Subsection A of this Section or R.S. 42:264, the governing boards of the Cane River Levee and Drainage District, the Campti-Clarence Levee District, the Natchitoches Levee and Drainage District, the Red River Levee and Drainage District, the Fifth Louisiana Levee District, and the Nineteenth Louisiana Levee District may retain or employ special counsel as needed and without the approval of the attorney general.
C. Notwithstanding the provisions of Subsection A of this Section or R.S. 42:264, the Board of Commissioners of the Black Lake Bayou Recreation and Water Conservation District of Red River Parish may retain or employ general or special counsel as needed and without the approval of the attorney general.
Amended by Acts 1979, No. 78, §1; Acts 1982, No. 570, §2.
Any attorney who knowingly accepts employment and compensation from a parish governing authority, parish school board, levee board, city school board, other local board, or state board or commission, not previously approved by the attorney general, must immediately upon notification thereof return a like dollar amount of funds to the public body which paid such prohibited compensation. Notwithstanding such requirement, the Attorney General may approve the employment and payment of compensation retroactively where the failure to comply with this Section was inadvertent and was in good faith, in which case no return of the fee amount shall be required.
Amended by Acts 1981, No. 924, §1.
The governor may, in his discretion, require and direct the attorney general to render any special services to any police jury or other parish governing authority, parish school board, or state board or commission, in any matter and when deemed necessary in the case of a state board or commission, to assume full charge and control of all legal proceedings relating to such matter. Nothing in this Section shall limit the authority of the attorney general, as he deems appropriate, to render such special services.
Acts 2025, No. 237, §1, eff. June 11, 2025.
Whenever any officer or official of the state of Louisiana is required under any law of the state of Louisiana to mail any notice, document, communication, or any matter of any nature whatsoever by United States registered mail, such officer or official may, at his option, mail such notice, document, communication or other matter by United States certified mail.
Acts 1958, No. 375, §1.
A. Except as authorized or provided by law, no public building, public bridge, public park, public fish or game preserve, or public wildlife refuge owned by the state or by any political subdivision of the state or by any institution receiving its support in whole or in part from the state shall be named in honor of any living person.
B. The officer, officers, board, or commission responsible for naming any public building, public bridge, public park, public fish or game preserve, or public wildlife refuge named in violation of this Section in honor of any person who is still living shall change the name and the officer, officers, board, or commission in charge of such building, bridge, park, preserve, or refuge shall destroy, deface, or remove all plaques, signs, or other evidence of the name of such person appearing on the premises thereof.
C. Any person may commence a suit in the district court for the parish in which the building, bridge, park, preserve, or refuge is located for mandamus, injunctive, or declaratory relief to require compliance with the provisions of this Section, together with reasonable attorney fees and costs.
Acts 2004, No. 577, §1.
Every officer for the benefit of whose office there is a contingent fund appropriated shall render a detailed statement to the legislature at each regular session, showing what disposition has been made of the fund.
All public officers except notaries public, shall keep a full and complete record of all monies received by them for account of the state or its subdivisions or as fees for services rendered.
Whoever violates the provisions of this Section shall be fined, for the first offense, not less than twenty-five dollars nor more than fifty dollars, and for each subsequent offense not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than ninety days.
Any other law to the contrary notwithstanding, any official, the head of any board, any commission or any agency of the State of Louisiana charged or assigned with the duty and/or responsibility to collect, receive or disburse state funds, excepting the governor, shall upon request furnish immediately to members of the legislature any information relating to the payment, allotment or disbursement of state funds. Nothing herein shall affect the confidence of the payment of state taxes.
Any person or persons found guilty of violating the provisions of this section shall be suspended from employment by the State of Louisiana, without pay, for a period of not less than sixty days or more than six months.
Acts 1972, No. 515, §1.
All parish sheriffs, clerks of court, assessors, coroners, registrars of voters, boards of health, boards of equalization, and all district levee boards, boards of commissioners of drainage districts for the state, parish of Orleans excepted, shall furnish annually to the governing authority and clerk of court of their respective parishes, a written itemized report showing the expenditures made by their respective offices, boards, or commissions, whether made out of the salary or expense funds of said offices or members of their respective commissions or boards, or otherwise.
Any office, board, or commission required by this Section to make reports and which functions or exercises control in more than one parish, must make its reports to the governing authority and clerk of court of each parish wherein it functions or exercises control.
A. The reports provided for in R.S. 42:283 shall be classified under the following headings:
(1) Salaries of officials.
(2) Salaries of deputies.
(3) Salaries of other employees.
(4) Office supplies and furnishings.
(5) Other expenditures.
B. The reports required of the sheriffs at the various parishes shall also include specific itemization of the following expenditures:
(1) Transporting prisoners, fugitives, and insane persons.
(2) Feeding prisoners.
Acts 2004, No. 757, §1, eff. July 1, 2004.
The first report of each year, made under the provisions of R.S. 42:283 and 42:284 shall include the names of all deputies, employees and officers of the respective offices, boards and commissions, for the preceding year, whether they were employed full time or only temporarily, and shall also show the total salary or compensation paid to each of them during that year.
The annual reports required by R.S. 42:283 shall be made within thirty days after the close of the fiscal year employed by the respective offices, boards or commissions, and shall be filed and kept by the secretaries of the respective police juries and respective clerks of court, as public records, for one year.
Any parish governing authority may, in its own discretion, publish any of the reports which it receives as a result of R.S. 42:283.
Whoever violates any of the provisions of R.S. 42:283 through R.S. 42:287 shall be fined one thousand dollars or imprisoned for six months or both.
The following definitions shall be used in connection with the provisions of R.S. 42:289 through R.S. 42:291:
A. "Appointing authority" means an agency, department, officer, board, or commission of the executive branch and the officers and employees thereof authorized by statute or lawfully delegated authority to employ persons in state government.
B. "Board member" means a member of a board, commission, or other authority of state government created or authorized by law, by the Louisiana Constitution, or by executive order.
C. "Education employee" means an employee of a college or university of the state.
D. "Student employee" means an employee who is required under the terms of his employment to be a full-time student in a school, college, or university in this state.
E. "Unclassified employee" means any person holding an office or position of trust or employment in the state service, whether elective or appointive, who is not in the classified civil service of the state under the provisions of Section 2 of Article X of the Louisiana Constitution, excluding bona fide students employed by the educational institution in which they are enrolled as students.
Acts 1964, No. 38, §1. Acts 1987, No. 843, §1.
A. The appointing authority of each agency, board, commission, department, or other entity in the executive branch of state government shall file with the Department of State Civil Service the name, address, position, date of employment, place of employment, hours of work, and salary or per diem of each unclassified employee under its jurisdiction. Thereafter, within thirty days of employment, termination, or change in any of the elements of employment herein enumerated, the appointing authority shall report such employment, termination, or change in status to the Department of State Civil Service. Each such appointing authority shall report with respect to all classified employees under the jurisdiction of the entity as required by and in accordance with the rules of the State Civil Service Commission. All such information shall be open to public inspection and, except to the extent otherwise provided herein, shall be subject to the provisions of R.S. 44:1 through R.S. 44:41.
B. For purposes of R.S. 42:289 through 291, the term "state government" shall not include district courts, including the civil and criminal courts of Orleans Parish, district attorneys, sheriffs, clerks of court, registrars of voters, assessors, coroners, election officials and workers, parishes, municipalities, and any other unit of local government, including school boards and special districts, authorized by law to perform governmental functions.
C. Any person who willfully violates any provision of R.S. 42:289 or R.S. 42:290 shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment for a term of not less than ten days nor more than six months, or by both fine and imprisonment.
Acts 1964, No. 38, §§2-4. Amended by Acts 1972, No. 328, §2; Acts 1986, No. 898, §1; Acts 1987, No. 843, §1; Acts 1992, No. 949, §2, eff. Jan. 1, 1993.
A. The Department of State Civil Service shall collect and maintain in accordance with law the information reported pursuant to R.S. 42:289 and R.S. 42:290. Said department shall publish quarterly, or at lesser intervals as deemed appropriate by the director of state civil service, a report reflecting the number of employees of state government by categories as provided in Subsection B of this Section.
B.(1) The report shall provide, separately, the number of full-time equivalent executive branch employees of state government and the number of full-time equivalent executive branch employees of state government whose salaries and employee benefits are funded through an appropriation measure enacted by the legislature, and each such number shall be further divided into the number of:
(a) Education employees.
(b) Student employees.
(c) Board members.
(d) All other employees.
(2) The report also shall include the aggregate number of full-time equivalent executive branch employees of state government, excluding student employees and board members, and the aggregate number of full-time equivalent executive branch employees of state government whose salaries and employee benefits are funded through an appropriations measure enacted by the legislature, excluding student employees and board members. Each number reported also shall be subdivided into classified employees and unclassified employees.
C. The information reporting required by this Section in the various categories as required shall include information on the number of employees who are and are not residents of the state.
Acts 1987, No. 843, §1.
Whenever the State Auditor, or the governing authority of any parish, notifies the governor, that any public officer charged with the collection or custody of public funds, is in arrears, the governor shall make immediate demand upon that officer for settlement within a delay not exceeding ten days, and in default of his making full settlement within that delay, the governor shall at once suspend him from office.
Whenever the governor suspends any officer under R.S. 42:301, he shall immediately appoint some person having the legal qualifications to perform the functions of the office during the suspension. The person so appointed shall take the oath and give the bond required by law, and shall exercise and perform all the powers and duties of the office.
The provisions of R.S. 42:301 and 42:302 shall not be construed as modifying, limiting, or restraining the power of the governor, under existing laws to remove for cause any tax collector appointed by him, or as in any way affecting the penalties provided for failure to make settlement within the time prescribed by law.
The State Auditor shall, on the first day of the session of each legislature, enclose to the president of the senate and speaker of the house, a list of all persons who are defaulters to the state on account of any public moneys; and, if in the list the name of any member of the legislature appears, the house to which he has been returned shall take such action as it may deem necessary.
The State Auditor, the president of parish governing authorities, and the mayors of municipal corporations shall report annually to the governor, on or before the tenth day of November of each year, all persons who may be defaulters to the state, parish, or municipal corporations, with the amount of their defalcations.
Whoever fails or neglects to perform this duty shall forfeit the sum of five hundred dollars to be sued for and recovered in the name of the state by the district attorney.
The State Auditor shall on the fifteenth day of December, annually, publish in the official journal of the state, for thirty days, the names of all persons who became defaulters to the state during the year, together with the amount of their defalcations.
No person whose name is in this published list shall be entitled to receive his commission until he has exhibited the proper discharge from the State Auditor.
The governor shall report to the legislature and cause to be published annually, in the official journal of the state, a list of all persons who appear to be defaulters by the reports on file in his office.
Every public officer shall, upon resignation, removal, or upon the expiration of his term, deliver all the books, records, documents and writings appertaining to his office, without delay to his successor or to a person duly authorized to receive them.
Every public officer who withholds or detains from his successor, or other person entitled by law thereto, any of the books, records, documents, or writings appertaining to his office, or who mutilates, destroys, or takes them away from the building or office where they are usually kept, shall be imprisoned not less than one year nor more than ten years.
The provisions of this Section apply to any person, who has in his possession books, records, documents, or writings, and refuses to deliver them to the proper authority, or who willfully mutilates, destroys, withholds, or detains them, or aids in their mutilation, destruction, or detention.
A first assistant to a statewide elected official, under the direction of the official, shall have authority to perform all the acts and duties of the office.
Added by Acts 1975, No. 456, §1.
Unless the context clearly indicates otherwise, the following words and terms, when used in this Chapter, shall have the following meanings:
(1) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
(2) "Agency head" means the chief executive or administrative officer of an agency or the chairman of a board or commission.
(3) "Elected official" means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. It shall also include any person appointed to fill a vacancy in such office.
(4) "Governmental entity" means the state or any political subdivision.
(5) "Public employee" means anyone who is:
(a) An administrative officer or official of a governmental entity who is not filling an elective office.
(b) Appointed to a post or position created by rule, law, resolution, ordinance, charter, or executive order.
(c) Employed by an agency, officer, or official of a governmental entity.
(6) "Public servant" means a public employee or an elected official.
Acts 2018, No. 270, §1, eff. January 1, 2019.
A. Each agency head shall develop and institute a policy to prevent sexual harassment which is applicable to all public servants in the agency.
B. At a minimum, the policy shall contain all of the following:
(1) A clear statement that unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature constitute sexual harassment when the conduct explicitly or implicitly affects an individual's employment or the holding of office, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment and shall not be tolerated.
(2) A description of the behavior the agency defines as inappropriate conduct, including examples.
(3) An effective complaint or grievance process that includes taking immediate and appropriate action when a complaint of sexual harassment involving any public servant in the agency is received. The complaint process shall detail who may make a complaint, to whom a complaint may be made, and shall provide for alternative designees to receive complaints. Actions taken on the complaint shall be documented.
(4) A general description of the investigation process, including requiring the alleged sexual harasser and the alleged victim to participate in the investigation.
(5) A clear prohibition against retaliation against an individual for filing a complaint or testifying or participating in any way in an investigation or other proceeding involving a complaint of sexual harassment.
(6) A general description of the possible disciplinary actions which may occur after the conclusion of the investigation, including the possible disciplinary actions that may be taken against a complainant if it is determined that a claim of sexual harassment was intentionally false.
(7) A statement apprising public servants of applicable federal and state law on sexual harassment, including the right of the complainant to pursue a claim under state or federal law, regardless of the outcome of the investigation.
Acts 2018, No. 270, §1, eff. January 1, 2019; Acts 2019, No. 413, §1, eff. Jan. 1, 2020.
A.(1) Each public servant shall receive a minimum of one hour of education and training on preventing sexual harassment during each full calendar year of his public employment or term of office, as the case may be.
(2) An agency head shall require supervisors and any persons designated by the agency to accept or investigate a complaint of sexual harassment in his agency to receive additional education and training.
B. The education and training required pursuant to this Section may be received either in person or via the internet through training and education materials approved by the public servant's agency head.
C. Each agency head shall ensure that each public servant in the agency is notified of the agency's policy against sexual harassment and the mandatory training requirement on preventing sexual harassment. The agency head, or his designee, shall be responsible for maintaining records of the compliance of each public servant in the agency with the mandatory training requirement. Each public servant's record of compliance shall be a public record and available to the public in accordance with the Public Records Law.
D. Each agency head shall ensure that its policy against sexual harassment and its complaint procedure is prominently posted on its website or, if the agency does not have a website, that a notice on how to obtain the information is posted in a conspicuous location in each of the agency's offices.
Acts 2018, No. 270, §1, eff. January 1, 2019.
A. Each agency head shall compile an annual report by February first of each year containing information from the previous calendar year regarding his agency's compliance with the requirements of this Chapter including the number and percentage of public servants in his agency who have completed the training requirements, the number of sexual harassment complaints received by his agency, the number of complaints which resulted in a finding that sexual harassment occurred, the number of complaints in which the finding of sexual harassment resulted in discipline or corrective action, and the amount of time it took to resolve each complaint. These reports shall be public record and available to the public in the manner provided by the Public Records Law.
B. Agency heads in state government shall submit the reports required by Subsection A of this Section by February fifteenth of each year as follows:
(1) Agency heads in the twenty principal departments of the executive branch of state government, the office of the governor, and the office of lieutenant governor shall submit the report to the division of administration.
(2) Agency heads in the legislative branch of state government shall submit the report to the Legislative Budgetary Control Council.
(3) Agency heads in the judicial branch of state government, including the supreme court, courts of appeal, district courts, and other courts authorized by Article V of the Constitution of Louisiana, shall submit the report to the chief justice of the supreme court.
C. The office of risk management, within the division of administration, shall submit an annual report to the speaker of the House of Representatives and the president of the Senate, related to the complaints of sexual harassment which are filed with the office for adjustment, as follows:
(1) The total number of sexual harassment cases filed with office of risk management.
(2) The number of cases which are settled and the total monetary amount paid in settlements.
(3) The number of cases for which a lawsuit is filed and the disposition of each case.
(4) The monetary amount paid for attorney fees, court costs, expert witness fees and any other litigation costs to defend each sexual harassment complaint.
Acts 2018, No. 270, §1, eff. January 1, 2019.
NOTE: First reports required pursuant to this Section due February 2020, see Acts 2018, No. 270, §2.
A. The Department of State Civil Service shall develop and make available education and training material at no cost to assist state agency heads and state employees in complying with the requirements of this Chapter.
B. As required by Article VII, Section 14 of the Constitution of Louisiana, the Department of State Civil Service shall recoup the costs of copying or reproducing the training material on a compact disc and recoup the cost of mailing the disc to the agency, unless the agency is subject to the fees assessed for in-service training pursuant to R.S. 42:1383.
Acts 2018, No. 270, §1, eff. January 1, 2019; Acts 2020, 2nd Ex. Sess., No. 33, §1.
A. The state of Louisiana is committed to providing a workplace that is free from sexual harassment. Sexual harassment in the workplace is strictly prohibited under the Equal Employment Opportunity Act, 42 U.S.C. 2000e-2; the Louisiana Employment Discrimination Law, R.S. 23:301 through 303 and 332; and the Louisiana laws on the prevention of sexual harassment, R.S. 42:341 through 345. The Legislature of Louisiana has enacted laws requiring each agency of a governmental entity to develop and institute a policy to prevent sexual harassment, which is applicable to all public servants, public employees, and elected officials.
B. It is hereby declared that in order to reduce the impact of sexual harassment judgments and settlements on the taxpayers of the state, it is the public policy of this state that as sexual harassment is against state and federal law, and state agencies have adopted policies and required training to prevent sexual harassment, when there has been a determination that sexual harassment has occurred, the state should consider certain factors in determining whether the alleged sexual harasser should be required to reimburse all or a portion of the settlement or judgment.
Acts 2019, No. 413, §2, eff. June 20, 2019.
Unless the context clearly indicates otherwise, the following words and terms, when used in this Chapter, shall have the following meanings:
(1) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of state government.
(2) "Agency head" means the chief executive, administrative officer of an agency, or the chairman of a board or commission.
(3) "Complainant" means the person who files a complaint alleging that they have been the victim of sexual harassment as described in this Chapter.
(4) "Elected official" means any person holding an office in state government which is filled by the vote of the electorate. The term includes any person appointed to fill a vacancy in that office.
(5) "Public employee" means anyone who is:
(a) An administrative officer or official of state government who is not holding an elective office.
(b) Appointed to a post or position of state government created by rule, law, resolution, or executive order.
(c) Employed by an agency, officer, or official of state government.
(6) "Public funds" means monies of the state, including but not limited to monies from the state risk management program established by R.S. 39:1528 et seq., monies from an exempted institution of higher education pursuant to R.S. 17:3139.5, the state general fund, dedicated funds, fees and self-generated revenues, or any other source of public funds.
(7) "Public servant" means a public employee or an elected official.
(8) "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature which explicitly or implicitly affects an individual's employment or the holding of office, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment, by a public servant of the state. It includes intimidation, reprisal, retaliation, or discrimination that is unlawful under state or federal law and is taken against a public servant of the state because of a claim of sexual harassment in violation of state or federal law.
(9) "State government" means the legislative branch, executive branch, and judicial branch of state government, but shall not include any parish, municipality, or any other unit of local government, including a school board special district, mayor's court, justice of the peace court, district attorney, sheriff, clerk of court, coroner, tax assessor, registrar of voters, or any other elected parochial or municipal official.
Acts 2019, No. 413, §2, eff. June 20, 2019.
A. Notwithstanding any law to the contrary, including but not limited to R.S. 13:5108.1, when a claim of sexual harassment has been brought and the office of risk management, or the exempted institution of higher education, determines that sexual harassment did occur, the sexual harasser shall be responsible for the payment of all or a portion of the amount of the settlement or judgment. In determining the amount that the sexual harasser should contribute to any compromise of the claim, the following factors shall be considered:
(1) Whether the sexual harasser was engaged in the performance of the duties of his office or employment with the state at the time the sexual harassment occurred.
(2) The severity of the sexual harassment.
(3) The stage of litigation.
(4) The ability of the sexual harasser to pay.
B. When a claim is filed against the state due to a claim of sexual harassment which results in a final judgment or settlement against the state, the attorney general, on behalf of the state, may file suit against the sexual harasser to assert and enforce the state's right to reimbursement and indemnity from the sexual harasser. The attorney general is also entitled to recover from the alleged sexual harasser all costs and reasonable attorney fees incurred in asserting that right.
C. The attorney general shall receive as compensation an amount not to exceed twenty-five percent of the total monies recovered from the enforcement of the state's right to reimbursement from the sexual harasser, as set forth in this Chapter, to be deposited into the Department of Justice Debt Collection Fund. The attorney general, the office of risk management or the exempted institution, and the agency shall determine whether the interests of the state are best served by litigation or by the making of an offer or the acceptance of an offer to settle or compromise the claim or litigation.
Acts 2019, No. 413, §2, eff. June 20, 2019.
A. The commissioner of administration shall prepare a notice to be furnished to each agency head in the executive branch of state government for annual dissemination to each public servant in the executive branch of state government advising them of their potential liability if they are determined by the appropriate person in accordance with the public servant's agency policy or by a court of competent jurisdiction to have committed sexual harassment. Notice shall also be disseminated to any newly elected, appointed, or employed public servant in the executive branch of state government.
B. The Legislative Budgetary Control Council shall prepare a notice to be furnished to each agency head in the legislative branch of state government for annual dissemination to each public servant in the legislative branch of state government advising them of their potential liability if they are determined by the appropriate person in accordance with the public servant's agency's policy or by a court of competent jurisdiction to have committed sexual harassment. Notice shall also be disseminated to any newly elected, appointed, or employed public servant in the legislative branch of state government.
C. The chief justice of the supreme court shall prepare a notice to be furnished to each agency head in the judicial branch of state government for annual dissemination to each public servant in the judicial branch of state government advising them of their potential liability if they are determined by an agency head or a court of competent jurisdiction to have committed sexual harassment. Notice shall also be disseminated to any newly elected, appointed, or employed public servant in the judicial branch of state government.
Acts 2019, No. 413, §2, eff. June 20, 2019.
Any settlement executed in connection with a claim filed pursuant to this Chapter shall be a public record, with the exception of the name of the victim of the sexual harassment.
Acts 2019, No. 413, §2, eff. June 20, 2019.
Except as otherwise required by the constitution and laws of the State of Louisiana, and except in other cases where the law already provides for vacancies in office to be filled by appointment by the governor, whenever a vacancy occurs in any state, district, parish, ward or municipal office, by reason of death, resignation or otherwise, the said vacancy shall be filled by appointment of the governor, by and with the advice and consent of the senate, until the next regular election shall be held, according to law; provided, however, that no vacancy shall be deemed to have occurred by reason of the absence of any elected official serving in any state, district, parish, ward or municipal office when such is called to active military service as a member of the armed forces, reserve, or the Louisiana National Guard.
Amended by Acts 1966, No. 392, §1.
Repealed by Acts 1981, No. 839, §3
Repealed by Acts 2014, No. 202, §2, eff. May 22, 2014.
In all cases when the law shall direct any appointment to be made by the governor and senate, within a limited time, a nomination for that appointment shall be laid before the senate at least six days before the expiration of the time for appointment.
A.(1) Notwithstanding any provision of law to the contrary, the governor shall have authority to prohibit or regulate the filling of vacancies in the executive branch of state government. In the exercise of such authority the governor may issue executive orders to provide that no vacancy in an existing position of employment shall be filled, or a new position of employment created or filled, within the executive branch of state government. The governor may alternatively issue executive orders to provide for the filling of any such new or existing vacancy only in accordance with procedures he may provide. Such authority to prohibit or regulate such employment may be exercised throughout the entirety of the executive branch or, selectively, with respect to particular agencies, programs, or categories of employment as the governor shall determine.
(2) In issuing such executive order as necessary to carry out the provisions of this Subsection, the governor shall state in such executive order a general fund dollar savings objective.
(3) The Division of Administration shall submit a report to the legislature indicating the general fund dollar savings achieved as a result of executive orders issued under this Subsection regulating the filling of vacancies.
B. Procedures established by the governor to regulate filling of such vacancies may include, but shall not necessarily be limited to procedures for:
(1) The submitting of applications by an agency head or appointing authority for approval to fill a vacancy, either new or existing.
(2) Providing justification for the approval of the filling of a vacancy.
(3) Requiring and obtaining additional information from the agency with respect to the position, the job description and duties, and any other related information.
(4) Approval or disapproval of the application.
(5) Reports by agencies of information concerning numbers of positions of employment, those filled, those not filled, and any other information relating to personnel numbers, costs, and attrition.
(6) The submission of a detailed list as provided in R.S. 42:376 by the various heads of the agencies, boards, commissions and departments of the executive branch including the submission of said detailed list by the various statewide elected officials in the executive branch.
C. All agencies, departments, boards, commissions, entities, officers and employees of the executive branch shall be subject to the provisions of this Section and to any applicable provisions of executive orders issued hereunder and shall act in accordance with such executive orders.
D. The governor may order the commissioner of administration to withhold allotments in the appropriate category of expenditures from which the salary or compensation of any employee employed in violation of any such executive order is paid in an amount equal to such compensation.
E. For the purposes of this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Executive branch" means and includes all departments, agencies, boards, commissions, and other instrumentalities declared by the constitution or laws of this state to constitute a part of the executive branch of state government and all such instrumentalities not declared by the constitution or by law to be within the legislative or judicial branches of state government, but does not mean or include political subdivisions, as defined by Article VI, Section 44(2) of the Louisiana Constitution of 1974.
(2) "Position of new employment" means any authorized position of employment for which a budget has been approved and an appropriation has been made or a transfer of funds effected pursuant to law, but which position has never been filled or occupied by the employment of any person.
(3) "Vacancy" means any authorized position of employment for which a budget has been approved and an appropriation has been made or a transfer of funds effected pursuant to law, and which position has been occupied previously but, due to termination of employment, is unoccupied.
Added by Acts 1980, No. 691, §1. Amended by Acts 1982, No. 395, §1.
A. The Board of Regents shall establish and implement an agency attrition analysis process to be used by each higher education system to review the historical employee vacancies, relative to authorized table of organization full and part-time positions funded in whole or in part by the state general fund, within each agency with a goal to reduce by five percent annually for three years by an equally proportionate reduction of such positions across all salary ranges of equal increments, beginning Fiscal Year 2010-2011, the number of such positions in each higher education system.
B. In implementing the requirements of Subsection A of this Section, the Board of Regents shall establish a process which requires the analysis of the following:
(1) General staffing needs of each higher education system.
(2) The state general fund cost associated with the filling of each vacant position.
(3) Any other information necessary to properly evaluate whether to retain or eliminate each vacant position.
C. On the first day of the month following the month in which the executive budget is submitted to the Joint Legislative Committee on the Budget, the Board of Regents shall provide a written report to the Commission on Streamlining Government indicating the state general fund dollar savings achieved as a result of the implementation of the agency attrition analysis process and the number of vacant positions eliminated and any other information relating to personnel numbers, costs, and historical vacancies.
D. For the purposes of this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Agency" means and includes all agencies, boards, commissions, and other instrumentalities within a higher education system.
(2) "Higher education system" means and includes each system and all institutions, agencies, and offices thereof for which the Board of Regents maintains budgetary responsibility as provided in Article VIII, Section 5(A) of the Constitution of Louisiana.
(3) "Vacant position" means any authorized table of organization full or part-time position of employment for which a budget has been approved and an appropriation has been made or a transfer of funds effected pursuant to law which is funded in whole or in part by the state general fund, but which is not filled.
Acts 2010, No. 1000, §2.
In all cases when the law requires Senate confirmation of a gubernatorial appointment to fill a position in a state, district, parish, ward, or municipal office, or other political subdivision no person who has been appointed by the governor to fill such a position, whose name has been submitted to the Senate for confirmation, and whose name is withdrawn by the governor or who resigns his appointment to the position prior to consideration of his confirmation by the Senate during the legislative session at which his confirmation is to be considered, shall be eligible for an interim appointment to fill the position to which he was previously appointed.
Acts 1988, No. 189, §1.
The governor may grant leave of absence to state and parish officers, not to exceed ninety days at any one time, at his discretion.
To assist in the prosecution of any war declared by the Congress, the governor shall grant a leave of absence for an indefinite period of time to any public officer who becomes a member of the reserve of the United States Army, Navy, Marines or National Guard, while holding public office.
When a leave of absence is granted a public officer under the provisions of R.S. 42:392, the officer shall name and designate as his deputy, a person possessing all the qualifications required for the office, and that person shall discharge all the duties and functions of the office during the absence of the officer.
The provisions of this Section shall not apply to:
(1) Members of the legislature.
(2) Appointive officers.
(3) Judges of any of the courts.
(4) The governor.
(5) The lieutenant governor.
(6) Any officer authorized by the constitution or any other law of the state to appoint an assistant, who in the absence of his chief has the authority to perform all the acts and duties of the office.
All officers and employees of the state, or of any parish, city, town, political subdivision, unit, or any state institution thereof, who are members of the Officers' Reserve Corps of the Army of the United States, the National Guard of the United States, the Naval Reserve Corps, the Marine Corps Reserve, the Air Force Reserve, the Citizens Military Training Corps, or the Civil Air Patrol, either as officers or enlisted men, are entitled to leave of absence from their respective duties, without loss of pay, time, annual leave, or efficiency rating, on all days during which they are ordered to duty with troops or at field exercises, or for instruction, for periods not to exceed fifteen days in any one calendar year; and when relieved from duty, they are to be restored to the positions held by them when ordered to duty.
Amended by Acts 1977, No. 495, §1; Acts 1978, No. 61, §1.
The governor may grant, upon request, a leave of absence for a period not to exceed the term of the respective appointment to any appointive state official who is serving in the armed forces of the United States.
The salary of any official obtaining a leave of absence under the provisions of this Section shall cease during the time the leave of absence is in effect.
The governor may in each instance where a leave of absence is granted under the terms of R.S. 42:395 name and designate a person having the necessary legal qualifications to serve during the temporary absence. The person so serving shall be vested with all of the rights, duties and emoluments of the office during the temporary appointment.
Upon the giving of written notice by the appointive official who has been granted a leave of absence under the provisions of this Part to the governor advising that the appointive official has received his discharge from active duty and containing the further statement that he desires to again assume the duties of his appointive office, the temporary appointment made under the provisions of R.S. 42:396, shall immediately terminate, and the official shall be re-instated to his former position.
Notwithstanding any provision of law to the contrary, no employee who fills a position in an unclassified health care professional employee pool established by a Louisiana State University Health Sciences Center medical center pursuant to R.S. 17:1519.16 shall earn or accrue any type of leave. The appointing authority for such position shall notify each person being employed in such a pool position of his ineligibility to earn or accrue leave. Each person employed in a pool position shall sign an affidavit acknowledging his ineligibility to earn or accrue leave and stating that he has full knowledge that he is never to earn or accrue any leave for time worked in a position in a pool.
Acts 2005, No. 223, §3, eff. July 1, 2005.
All officers and employees of the state, entering the military service of the United States since September 16, 1940, shall be restored, upon proper application, to the former position or employment or office held with the state at the time of entering military service, or reinstated to a position of like seniority, status and pay when the officer or employee is relieved from the military service, upon honorable discharge or discharge upon honorable conditions.
The provisions of R.S. 42:401 shall apply to:
(1) All officers and employees of the state and of any of its departments, divisions, institutions, units, boards or commissions, including heads thereof, and shall apply to those officers and employees who, at the time of entering military service, were being compensated on an annual or monthly salary basis and whose employment with the state and its various units was terminated by reason of entry into the military service of the United States.
(2) Any officers and employees who, since September 16, 1940, entered into the active military service of the Army, Navy, Marine Corps, Coast Guard Service, or any branch of the military service of the United States, whether by induction, enlistment, call to active duty or any other type of entry into service.
(3) Any appointive official, officer or employee, whether or not the normal term of appointment has been terminated subsequent to entry into the military service; the fact that there has been a general or limited change of administration, or the election of new general state officials subsequent to his entry into the military service, shall in no manner affect or deny to a person his former office or position, or a position of like seniority, status and pay, it being the purpose of the law that no employee of the state should suffer loss of the right to return to his normal employment or former pay during his absence while in the common cause of the military service.
Provided that when discharged or released from the armed forces, the officer or employee receives a certificate or document of honorable completion of service, is still qualified to perform the duties of the position, and makes application for employment within 40 days after being released from military service.
The officer or employee may make application in person, or in writing, to the department head or appointing or managing authority of the state unit, for re-establishment in the former office or employment and it is the mandatory duty of said officer to re-employ and reinstate the applicant in the former office or employment, or one of like seniority, status and pay, within 31 days after the date of application, at which date the applicant shall be entitled to the emoluments of the position, unless employed or reinstated prior thereto, nor shall a reduction in personnel or budget of the department or unit concerned, if still existing, affect or deny to the person, his former or a similar position, and regardless of any limitation on the number of employees of the unit or department, these persons shall be re-employed.
A person restored to a position or office under the provisions of R.S. 42:401 and 42:402 shall not be discharged from the position without cause, within one year after restoration.
The provisions of this Part shall not apply to any elected officer nor to any officer whose term is fixed by law or runs concurrently with the term of the governor, when the statutory term of the office has expired, at the time the officer is discharged from the military service.
Mandamus proceedings to enforce the provisions of this Part may be instituted in the district court of the residence of the applicant, or in the district court of the location of the principal office of the state unit involved, at the election of the applicant.
Whoever violates any provision of this Part shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both.
A. No officer or ex-officer of the state or of any state agency, appointed by the governor shall be paid anything by the state or any state agency for any time which may elapse after separation from his office or employment either under the guise of paying for annual leave which accrued to and was unused by him prior to separation or under any other guise whatsoever.
B. No limitation shall be placed upon the amount of annual leave which any employee of the state or of any state agency may accrue during the period of his employment; provided, however, that any employee of the state or of any state agency shall accrue annual leave at the same rate as is provided for members of the classified service of the state by the Civil Service Commission; and provided, further, that any employee or ex-employee of the state or of any state agency may be paid for accrued annual leave amounting to the same maximum as is provided for members of the classified service of the state by the Civil Service Commission as approved by the governor after his separation from his office or employment if the annual leave has been accrued under established leave regulations and an attendance record has been maintained for the employee by his supervisor. When an employee covered by this Subsection retires, or whenever any such employee dies while still a member of any retirement system to which the state contributes in whole or in part and before retirement, leaving a surviving spouse or dependent or both who are entitled to benefits from said system, his unused accumulated annual leave in excess of the amount for which payment is received, as above provided, shall be added to his membership service. The employee's unused accumulated annual leave shall not be used to determine eligibility for retirement, but shall be credited to the member only after it is determined that the member is otherwise eligible for retirement.
Amended by Acts 1952, No. 300, §1; Acts 1962, No. 375, §1; Acts 1964, No. 405, §1; Acts 1966, No. 492, §1; Acts 1968, No. 564, §1; Acts 1974, No. 241, §1, emerg. eff. July 12, 1974; Acts 1977, No. 475, §2, eff. July 13, 1977.
The following words and terms, when used in this Part, shall have the following meanings:
(1) "Public employee" means any full-time employee of this state or of any branch of the state government, of any executive department of the state, or of any agency, board, or commission of the state, or local governmental subdivision. However, no elected official shall be considered a public employee for purposes of this Part.
(2) "Team" includes any group leader, coach, official, or athlete who is a member of the official delegation of the United States to world, Pan American, or Olympic competition.
(3) "World, Pan American, or Olympic Competition" means any athletic competition involving athletes from two or more nation states.
Added by Acts 1978, No. 70, §1, eff. June 16, 1978.
A public employee who qualifies as a member of the United States team for athletic competition on the world, Pan American, or Olympic level in a sport contested in either Pan American or Olympic competition shall be granted a leave of absence without loss or reduction of pay, time, annual leave, or efficiency rating for the purpose of preparing for and engaging in competition on such levels. In no event shall the paid leave under this Part exceed the period of the official training camp and competition combined or ninety calendar days a year, whichever is less.
Added by Acts 1978, No. 70, §1, eff. June 16, 1978.
A public employee who qualifies for athletic leave of absence under the provisions of this Part shall notify his employer of his desire for such leave at least thirty days before the effective date of the leave. However, if the official training camp for world, Pan American, or Olympic games commences less than thirty days after the employee's selection as a member of the United States team, the employee shall notify his employer of his desire for athletic leave immediately upon his selection as a member of such team.
Added by Acts 1978, No. 70, §1, eff. June 16, 1978.
All or any portion of the approved athletic leave of absence provided for in this Part may be cancelled retroactively by the employer if the employee does not participate in the training or competition.
Added by Acts 1978, No. 70, §1, eff. June 16, 1978.
If the absence of a public employee necessitates the hiring of a substitute during the employee's absence, the state shall reimburse the governmental branch, department, agency, board, commission, or local governmental subdivision of this state for actual costs incurred in employing the substitute.
Added by Acts 1978, No. 70, §1, eff. June 16, 1978.
For the purposes of this Part, the following words and terms, when used in this Part, shall have the following meanings:
(1) "Employing agency" means the agency of the executive, legislative, or judicial branch of state government in which the leave recipient is employed.
(2) "Leave donor" means a full-time employee of an employing agency whose voluntary written request for transfer of annual, sick, or compensatory leave to the pool leave account of his employing agency is granted.
(3) "Leave recipient" means a full-time employee of an employing agency who has a need to receive annual, sick, or compensatory leave from the pool leave account of his employing agency and who meets one of the following qualifying circumstances:
(a) The employee experiences a catastrophic illness or serious injury that prevents the employee from performing his duties for a period of more than ten consecutive days that the employee is scheduled to work, and the employee does not have sufficient annual, sick, or compensatory leave credited to the employee personally to cover the entire period of illness or injury.
(b) The employee has a significant other, minor child, child who is still financially supported by the employee, or dependent parent for whom the employee is the primary caregiver who experiences a catastrophic illness or serious injury that prevents the employee from performing his duties for a period of more than ten consecutive days that the employee is scheduled to work, and the employee does not have sufficient annual, sick, or compensatory leave credited to the employee personally to cover the entire period of illness or injury.
(c) The employee experiences the birth or adoption of a child and does not have sufficient annual, sick, or compensatory time to cover a minimum of six weeks of parental leave immediately following the birth or adoption.
(4) Repealed by Acts 2022, No. 649, §2.
Acts 1992, No. 1008, §1, eff. Jan. 1, 1993; Acts 2012, No. 590, §1, eff. June 7, 2012; Acts 2022, No. 649, §§1, 2.
The State Civil Service Commission and the State Police Commission may establish a plan for the participation in the leave-transfer program, allowing full-time employees to pool their annual, sick, and compensatory leave and allowing any leave thus pooled to be used by any leave recipient when that employee has used all annual, sick, and compensatory leave that has been personally accrued by him.
Acts 1992, No. 1008, §1, eff. Jan. 1, 1993; Acts 2012, No. 590, §1, eff. June 7, 2012; Acts 2022, No. 649, §1.
A. Any full-time employee of an employing agency may request voluntarily, in writing, that a specified number of hours of his accrued annual, sick, or compensatory leave or any combination thereof be transferred from his annual, sick, or compensatory leave account to a pool account the agency establishes to distribute leave pursuant to the provisions of this Part.
B. No employee with less than fifteen days in his personal sick leave account may transfer any leave to the pool account. Any employee with more than fifteen days in his sick leave account may transfer sick leave to the pool account provided he retains a minimum of fifteen days in his own sick leave account.
C. Annual, sick, or compensatory leave transferred under this Part may be substituted retroactively for periods of leave without pay or used to liquidate an indebtedness for advanced annual, sick, or compensatory leave granted.
D. A leave recipient may use annual, sick, or compensatory leave from the pool account in the same manner as if the recipient had accrued the leave in the manner provided by law, rule, regulation, or policy.
E. Participating employees shall not be eligible to use transferred leave from the pool account until all personally accrued annual, sick, and compensatory leave has been used.
F. Transferred annual, sick, or compensatory leave from the pool account remaining to the credit of a leave recipient when his employment terminates shall not be transferred to another employee, included in a lump-sum payment for accrued leave, or included in the total service for retirement computation.
Acts 1992, No. 1008, §1, eff. Jan. 1, 1993; Acts 2012, No. 590, §1, eff. June 7, 2012; Acts 2022, No. 649, §1.
Employees of a state agency requesting leave from the pool leave account under the provisions of this Part shall submit a written leave request to the employing agency with the following information included:
(1) The name, employing agency, position, title, and classification of the employee.
(2) A brief description of the nature, severity, and anticipated duration of the personal emergency.
Acts 1992, No. 1008, §1, eff. Jan. 1, 1993; Acts 2022, No. 649, §1.
A. The employing agency shall monitor the status of the qualifying circumstance affecting the leave recipient and establish procedures to ensure that transferred annual, sick, or compensatory leave from the pool is not used after such circumstance ceases to exist.
B. A qualifying circumstance affecting a leave recipient terminates when the employing agency determines that the qualifying circumstance no longer exists or the leave recipient's employment terminates.
C. The employing agency may not grant any further request for leave from the pool account once the personal emergency affecting a leave recipient terminates.
Acts 1992, No. 1008, §1, eff. Jan. 1, 1993; Acts 2012, No. 590, §1, eff. June 7, 2012; Acts 2022, No. 649, §1.
Unless the qualifying circumstance is the birth or adoption of a child or directly involves a medical condition affecting the leave recipient, the employing agency may consider the likely impact on morale and efficiency within the agency in considering a leave recipient's request to use leave transferred from the pool account.
Acts 1992, No. 1008, §1, eff. Jan. 1, 1993; Acts 2022, No. 649, §1.
Transferred annual, sick, or compensatory leave remaining to the credit of a leave recipient when the personal emergency terminates shall be restored to the pool account.
Acts 1992, No. 1008, §1, eff. Jan. 1, 1993; Acts 2012, No. 590, §1, eff. June 7, 2012; Acts 2013, No. 220, §18, eff. June 11, 2013.
The following words and terms, when used in this Part, shall have the following meanings:
(1) "Public employee" means any full-time employee of the state, or any branch of state government, including the executive, legislative, and judicial branches, or any state board, commission, or other agency, and any employee of local governmental subdivisions of the state. However, no elected official shall be considered a public employee for purposes of this Part.
(2) "Employing agency" means the agency of the executive, legislative, or judicial branch of state government or a local governmental subdivision which employs the leave recipient.
(3) "Disaster" means a disaster designated at Level III (anticipated cost of the operation being at least fifty thousand dollars) and above in the American Red Cross Regulations and Procedures.
(4) "Disaster service volunteer" means a public employee who has received certification from the American Red Cross as a Trained Disaster Volunteer.
Acts 1995, No. 455, §1.
A. A public employee who is a disaster service volunteer may be granted leave from his regular work assignment, with pay, for a period not to exceed fifteen work days in any twelve-month period to participate in specialized disaster relief services for the American Red Cross when requesting such leave and upon approval of the employing agency, as provided in this Part.
B. Any public employee who is granted disaster service leave shall not forfeit any seniority, pay, vacation time, sick leave, or earned overtime accumulation as a result of his participation in the Disaster Service Leave Program.
Acts 1995, No. 455, §1.
A. A qualified public employee shall notify his employing agency of his desire for leave of absence as soon as practicable following the occurrence of a disaster within the state of Louisiana for which his services are needed by a Louisiana unit of the American Red Cross.
B. All requests for disaster service leave of absence under the provisions of this Part shall be made in writing to the appointing authority of the employing agency, and shall include all of the following:
(1) Certification by the employee that he is a Trained Disaster Volunteer.
(2) The nature and location of the disaster to which he is requested to respond.
(3) The anticipated duration of his expected leave.
(4) The type of service he is to provide to the American Red Cross.
(5) The identity and title of the official of the American Red Cross unit who will be supervising the employee.
(6) A written request for the employee's services from an official of the American Red Cross.
Acts 1995, No. 455, §1.
Any public employee who has been granted leave to participate in relief services connected with a disaster, pursuant to this Part, shall be restored to his previous position of employment upon giving notice to the employing agency twenty-four hours prior to his return to employment, provided that the public employee submit written certification from the supervising official of the American Red Cross unit that the public employee has rendered volunteer disaster relief services showing the number of hours of service rendered by the public employee.
Acts 1995, No. 455, §1.
Nothing contained herein shall be construed to require any employing agency to grant a public employee's request for voluntary disaster service leave if the appointing authority determines that the grant of leave would pose a hardship on the employing agency.
Acts 1995, No. 455, §1.
There is established a plan to be known as the "payroll savings plan" by means of which state and parish employees may purchase United States series "EE" bonds from their monthly earnings through an approved payroll system. Under this plan the employees may authorize the department by which they are employed to deduct and withhold any part of their monthly earnings for the purchase of bonds in such denominations as they may determine; but no deduction shall be made from the earnings of any employee for the purchase of bonds unless the deduction is specifically and voluntarily authorized in writing by the employee.
Amended by Acts 1981, No. 642, §1.
All amounts deducted and withheld from the earnings of employees for the purchase of United States series "EE" bonds shall be maintained in the appropriate account or fund under 'cash management' from which bonds shall be purchased as the employees have subscribed and paid. Refunds due employees shall also be paid from the said account or fund.
Amended by Acts 1981, No. 642, §1.
The designated custodian of the approval payroll system(s), by virtue of his responsibility, is named and designated, ex officio, trustee of that U.S. series "EE" bond account/fund created under R.S. 42:452. He shall serve as trustee of the account/fund without compensation.
Amended by Acts 1981, No. 642, §1.
A. The payroll system shall retain detailed accounting for each employee as a subscriber to the payroll savings plan. Such records shall include deductions, purchases, refunds, and current balances. On a scheduled monthly basis the trustee shall purchase bonds for all employees with balances sufficient to purchase bonds in the denominations authorized through an authorized agent or bank of the United States Treasury.
B. The trustee shall allow refund, without interest, of balances due any employee who may decide to discontinue his participation in the payroll savings plan.
The trustee shall pay to the employee, or may transfer to another department for that employee, without interest, the balance to the credit of any employee who, voluntarily or otherwise, severs his connection with the department by which he is employed. In the case of death, any balance to the credit of any deceased employee shall be paid, without interest, to the person legally entitled to receive the refund.
All requests for refunds shall be submitted to the employing department on such forms as are required.
Amended by Acts 1981, No. 642, §1.
A. Authority for payroll deductions not otherwise provided by statute shall be governed by rules promulgated by the division of administration and administered by the state payroll office. Providing any general insurance deduction vendors shall have met the following requirements:
(1) Foreign companies shall:
(a) Have been licensed to do business in this state for not less than five years.
(b) Have a current rating in A.M. Best of B+ or better, unless:
(i) Notwithstanding any other law, rule, or regulation to the contrary, and if they are in good standing with the Department of Insurance, and subject to the other applicable provisions of this Section, a foreign company which has participated in the payroll deduction system for a period of at least ten years and has a rating in A.M. Best of B, may continue to market and sell insurance policies through payroll deduction until the beginning of the next open enrollment period following the four-year anniversary date from the date of the issuance of the B rating by A.M. Best, provided they have maintained a rating of B or better for the entire four-year period. Thereafter, in the event that the foreign insurer has maintained a rating of B by A.M. Best and that rating is increased from B to a B+ or better and they meet the other applicable requirements of this Section and other applicable rules and regulations, they may resume marketing and selling insurance through the payroll deduction system; or
(ii) Notwithstanding any other law, rule, or regulation to the contrary, if a foreign company has been participating in the payroll deduction system for a period of at least ten years, and they have a rating in A.M. Best of B, they may maintain and administer indefinitely those policies purchased through payroll deduction as long as they maintain a rating by A.M. Best of no less than a B, are in good standing with the Department of Insurance, and comply with other applicable rules, and regulations, and laws and the provisions of this Section.
(c) Have been doing business under the same name for not less than three years.
(d) Offer like product, service, or coverage to citizens of Louisiana.
(e) Be in compliance with all procedural, accounting, and reporting requirements governing employee deductions.
(2) Domestic companies shall:
(a) Have been licensed to do business in this state for not less than five years.
(b) Have a current rating in A.M. Best of B or better, or if the company is of insufficient size to obtain a rating by A.M. Best, has posted a bond with the division of administration in the amount of:
(i) One hundred thousand dollars, if the company is a member insurer of the Louisiana Life and Health Insurance Guaranty Association; or
(ii) Two hundred fifty thousand dollars, if the company is not a member insurer of the Louisiana Life and Health Insurance Guaranty Association, or if the product for which the deductions are proposed is not covered under the Louisiana Life and Health Guaranty Association Act.
(c) Have been doing business under the same name for not less than three years.
(d) Provide like product, service, or coverage to citizens of Louisiana.
(e) Be in compliance with all procedural, accounting, and reporting requirements of all rules and requirements governing employee deductions.
B. The rules shall establish minimum reserve balances, bonding requirements, or other appropriate measures of fiscal responsibility for any payroll applicant not regulated by the Department of Insurance or office of financial institutions or any deduction, excepting charitable organizations, authorized by statute.
C. Payroll deductions authorized by statute shall comply with reporting, remittance, and system schedule requirements of rules promulgated by the Division of Administration and administered by the state payroll office as provided in this Section.
D.(1) Notwithstanding any law, rule, or regulation to the contrary, every vendor receiving payment through voluntary payroll deductions as of July 1, 2001, under the Uniform Payroll System, shall continue to be approved as a vendor if such vendor continues to meet the requirements of the rules and regulations of the division of administration governing payroll deductions which were in effect on May 19, 2000. Further, those vendors receiving payment through voluntary payroll deductions, under the Uniform Payroll System, as of July 1, 2001, who apply for a new payroll deduction for additional products, policy forms, or service plans may do so subject to the rules and regulations of the division of administration governing payroll deductions which were in effect on May 19, 2000.
(2) The provisions of this Subsection shall be null, void and of no effect on August 1, 2002, or on the date revised rules and regulations adopted in accordance with the provisions of R.S. 42:455(A) become effective, whichever is later.
E. Payroll deductions authorized by this Chapter shall give rise to no liability against the state, whether in contract or in tort, regarding either the administrative processing of the deduction or the quality or appropriateness of the product or its vendor.
Acts 1986, No. 805, §1; Acts 2001, No. 1029, §1; Acts 2004, No. 284, §1, eff. July 1, 2004; Acts 2004, No. 589, §1, eff. June 29, 2004.
A. Payroll deductions shall be authorized only for the following:
(1) Mandated federal or state income withholdings, credit unions, garnishments, liens, union dues, savings bonds programs, qualified United Way entities, health and life insurance products offered through the Office of Group Benefits, and products having state participating contributions, sponsored by the Office of Group Benefits, which qualify and are offered under Section 125 of the Internal Revenue Code (Cafeteria Plan).
(2) Products offered without state contributory participation which have been evaluated and approved in accordance with rules and procedures promulgated by the commissioner of administration.
(3) Donations to any qualified nonprofit community health and human services charities, coordinated and payable through the Louisiana Association of United Ways, upon written authorization from the employee, which has been evaluated and approved in accordance with rules and procedures promulgated by the commissioner of administration. As used in this Paragraph, "qualified community health and human services charities" shall not include those organized for cultural, educational, religious, or political purposes. In coordination with the division of administration, the Louisiana Association of United Ways shall serve as the principal combined fundraising organization.
B. Except for deductions required by law, no withholding may be made from the earnings of any employee for the purposes permitted by this Section unless the withholding is specifically and voluntarily authorized by the employee in writing. Any amount withheld in accordance with the provisions of this Section shall be remitted to the organization designated on a regularly scheduled basis as prescribed by rules promulgated by the division of administration and administered by the state payroll office as provided in R.S. 42:455.
Acts 1985, No. 666, §1; Acts 1986, No. 805, §1; Acts 1987, No. 539, §1, eff. July 9, 1987; Acts 1997, No. 1270, §1; Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2012, No. 501, §1, eff. July 1, 2012.
A. Notwithstanding any law, rule, or regulation to the contrary and effective July 1, 1997, and thereafter, any employee of the state or of a political subdivision in the state may authorize his employing department, office, or agency to withhold from his salary a specific amount for such pay periods as may be designated, for deposit into an education savings account as provided for by R.S. 17:3091 et seq., relative to the Louisiana Student Tuition Assistance and Revenue Trust Program.
B. Distribution of funds to a Louisiana Student Tuition Assistance and Revenue Trust Program education savings account shall be made based upon the payroll deduction collection record of the department, office, or agency.
C. No withholding may be made from the earnings of any employee for the purposes permitted by this Section unless the withholding is specifically and voluntarily authorized by the employee in writing. Any amount withheld in accordance with the provisions of this Section shall be remitted to the Louisiana Student Tuition Assistance and Revenue Trust Program on a regularly scheduled basis as prescribed by rules adopted in accordance with the Administrative Procedure Act by the Louisiana Tuition Trust Authority.
Acts 1997, No. 599, §1, eff. July 3, 1997.
A. Notwithstanding any law, rule, or regulation to the contrary, any employee of the state or of a political subdivision in the state may authorize his employing department, office, or agency to withhold from his salary a specific amount for such pay periods as may be designated, for deposit into an education savings account as provided for by R.S. 17:3100.1 et seq., relative to the Louisiana Student Tuition Assistance and Revenue Trust Kindergarten Through Grade Twelve Program, referred to in this Section as the "START K12 Program".
B. Distribution of funds to a START K12 Program education savings account shall be made based upon the payroll deduction collection record of the department, office, or agency.
C. No withholding may be made from the earnings of any employee for the purposes permitted by this Section unless the withholding is specifically and voluntarily authorized by the employee in writing. Any amount withheld in accordance with the provisions of this Section shall be remitted to the START K12 Program on a regularly scheduled basis as prescribed by rules adopted in accordance with the Administrative Procedure Act by the Louisiana Tuition Trust Authority.
Acts 2018, No. 687, §3, eff. May 30, 2018.
Any state, parish, or city employee may authorize his employing department, board, or agency to withhold from his salary a specific amount for such pay periods as may be designated, for payment of his dues to any labor organization to which he belongs and which he designates therein. In such cases, the employee must voluntarily execute and furnish to the employing department, board, or agency a written and specific authorization for such deductions; however, the employing authority may elect whether or not to make such deductions. Any amount withheld in accordance with the provisions of this Section shall be remitted on a regularly scheduled basis as prescribed by rules promulgated by the Division of Administration and administered by the state payroll office to the organization designated.
Acts 1966, No. 419, §1; Acts 1986, No. 805, §1.
Any employee of the state or of any political subdivision of the state may authorize his employer to withhold from his salary a specific amount for such pay periods as may be designated, for payment of his dues to any professional state or local law enforcement or firefighter association which is located or is operating a chapter within the respective jurisdiction and to which the employee belongs. The employee must voluntarily execute and furnish to the employer a written and specific authorization for such deduction. Upon receipt of such authorization, and in accordance with the instructions contained therein, the employer shall begin to make such deductions. The amounts withheld shall be remitted forthwith to the organization designated by the employee. The provisions of this Section shall not apply to any employee of the local sheriff's office or parish law enforcement district.
Acts 1992, No. 768, §1, eff. July 7, 1992.
Expenses that may be incurred in connection with such collection and remittance shall be handled in accordance with rules promulgated by the Division of Administration and administered by the state payroll office.
Acts 1986, No. 805, §1.
A.(1) An elected official whose salary or compensation is increased during the term of office of the official may waive the right to accept such increase. If such official chooses to waive such increase, the official shall comply with each of the following at least fourteen days prior to the effective date of the increase:
(a) Notify the head of his agency, if applicable.
(b) Submit to the payroll officer of his agency an affidavit containing his name, the date, and a statement of the fact that he is waiving the increase in salary or compensation.
(2) Upon receipt of the affidavit, the payroll officer shall ensure that the elected official is paid or compensated at the same salary or rate he received immediately prior to the increase in salary or compensation.
B. If such an elected official is reelected to a new term, the elected official may choose to continue to waive the right to receive such increase in salary or compensation by submitting an affidavit stating such to the payroll officer at least fourteen days prior to the beginning of his new term of office.
C.(1) If the elected official decides to receive the increase in salary or compensation after waiving such increase, the elected official shall comply with each of the following at least fourteen days prior to the commencement of a new pay period:
(a) Notify the head of his agency, if applicable.
(b) Submit to the payroll officer of his agency an affidavit containing his name, the date, and a statement of fact that he is revoking his previous affidavit and that he intends to receive the increase in salary or compensation.
(2) Upon receipt of the affidavit as provided in this Subsection, the payroll officer shall ensure that the elected official is paid or compensated at the salary or rate of compensation after the increase. Such change in salary or compensation shall begin at the commencement of a new pay period.
D. All benefits shall be based on the amount of salary or compensation actually received by the elected official.
Acts 1993, No. 238, §1.
The division of administration shall have the power to promulgate rules and regulations necessary to provide state agencies with the ability to recoup overpayments made to state employees. Such recoupments shall include but not be limited to overpayment of wages paid to employees and erroneous refunds of deductions withheld from employees.
Acts 2003, No. 1067, §1, eff. July 1, 2003.
A. In accordance with R.S. 39:247 and notwithstanding any other provision of law to the contrary, all state of Louisiana employee compensation which is payable through the Integrated Statewide Information System (ISIS) shall be paid through electronic fund transfer for employees hired on or after July 1, 2002, and employees hired prior to July 1, 2002, who later have a break in service and are rehired after July 1, 2002.
B. The office of state uniform payroll within the division of administration shall promulgate rules and regulations in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., to set specific requirements, establish waivers or other exceptions, and to establish guidelines for enforcement of these provisions.
Acts 2004, No. 23, §1, eff. July 1, 2004.
§§541 to 720.40 redesignated by Acts 1991, No. 74, §3. See, now, generally, Title 11.
There shall be a system of personnel administration based on merit principles and scientific methods governing the appointment, promotion, transfer, lay-off, removal and discipline of the employees of those agencies or divisions or sections of state agencies administering federal funds which by federal law, rules or regulations are required to operate under personnel standards on a merit basis.
The agencies whose personnel administration shall be governed by this Chapter are the state board of health, the department of public welfare, the office of employment security of Louisiana Works, the hospital and health planning division of the state hospital board and any other agencies or divisions of agencies which are required by federal law, rules and regulations to operate under personnel standards on a merit basis, which may be referred to as "federal aid agencies" and the Louisiana Merit System Council herein created.
Acts 1992, No. 447, §4; Acts 2008, No. 743, §7, eff. July 1, 2008.
Positions in the federal aid agencies and in the merit system council which are not governed by the provisions of this Chapter and are in the exempt service are:
(1) The state health officer, a confidential secretary to the state health officer, and the chief attorney of the department of health.
(2) Members of the state board of health and of all parish and municipal health boards.
(3) The commissioner of public welfare, a confidential secretary to the commissioner, and the chief attorney of the department of public welfare.
(4) Members of the state board of public welfare and of all parish welfare boards.
(5) The secretary, the administrator and the legal counsel of the office of employment security of Louisiana Works, and all employees of Louisiana Works not employed in the division of employment security of the department.
(6) Members of the unemployment compensation and employment service advisory councils, and members of the board of review representing employer and employee interests.
(7) The state hospital director, members of the state hospital board and of the state advisory council of the board, and all employees of the state hospital board not employed in the hospital and health planning division of the board.
(8) Independent contractors employed by any federal aid agency to render services on a contractual basis, including independent contractual professional services, provided these contractors meet the standards of training and experience established by the council.
(9) Janitors, maids and manual labor employed by any federal aid agency.
(10) The members of the merit system council.
Acts 1992, No. 447, §4; Acts 2008, No. 743, §7, eff. July 1, 2008.
§§724 to 727 repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
The merit system director shall be the executive and administrative head of the Louisiana merit system council and shall direct and supervise all of its administrative and technical activities. In addition to the duties imposed upon him in this Chapter, he shall:
(1) Attend all meetings of the council and to act as its secretary and keep minutes of its proceedings.
(2) Establish and maintain a roster of all employees subject to the provisions of this Chapter, in which there shall be set forth, as to each employee, the class title of the position held; the salary or pay; any change in class title, pay or status; and any other necessary data.
(3) Appoint, by and with the consent of the council, under the provisions of this Chapter, employees of the council, and experts and special assistants as may be necessary to carry out effectively the provisions of this Chapter.
(4) Develop, in cooperation with appointing authorities and others, training and educational programs for employees in the agencies governed by this Chapter.
(5) Make and publish annual reports regarding the work of the council, and special reports to the council and to the governor.
(6) Perform any other acts and functions he may consider necessary or desirable to carry out the purposes of this Chapter, or which he may be directed to perform by the council.
The State of Louisiana recognizes that intergovernmental cooperation is an essential factor in resolving problems affecting the state and that the interchange of personnel between and among the governmental agencies at the same or different levels of government is a significant factor in achieving such cooperation.
Added by Acts 1968, No. 375, §1.
A. For the purposes of R.S. 42:729 and 42:730, the following words and phrases shall have the meanings ascribed to them in this subsection:
(1) "Sending agency" means any department or agency of the federal government, a state government or local government which sends any employee thereof to another governmental agency under the provisions of this Act.
(2) "Receiving agency" means any department or agency of the federal government, a state government or local government which receives an employee of another government under the provisions of R.S. 42:729 and 42:730.
B. The appropriate agency head shall have the authority to adopt a program of the temporary interchange of state employees not classified, between any other state and its agencies and departments, counties, municipalities and the federal government and its agencies.
C. The interchange of any employees from the sending agency to the receiving agency shall be subject to the prior approval of the sending agency and no employee shall be so interchanged without the approval of the sending agency.
D. No detail of an employee under the provisions herein shall be in excess of twenty-four months in any forty-eight month period and must be with the employee's consent.
E. Any employee who is on detail shall receive such salary and expenses as may be fixed by the receiving agency and shall be under the supervision of the receiving agency. Any employee so detailed shall for the purposes of retirement benefits, insurance coverages, and other employee benefits continue to be considered as an employee of the sending agency provided he elects to do so. In case of such election, his contributions to the state retirement system, insurance programs and other such employee annuities shall be on the same basis as any other state employee of like status. The receiving agency or the employee shall be responsible for all such contributions to the appropriate agency of the sending state for which the sending agency would normally be responsible.
Added by Acts 1968, No. 375, §1. Amended by Acts 1975, No. 397, §1.
A. The Office of Group Benefits is hereby created within the office of the governor, division of administration.
B. As used in this Chapter, "office" means the Office of Group Benefits created in this Section.
C. The general administration of all aspects of programs of benefits as authorized or provided for under the provisions of this Chapter, which shall constitute the Office of Group Benefits, shall be vested in and be the responsibility of the office in accordance with the provisions of this Chapter.
D. The Office of Group Benefits shall be domiciled in Baton Rouge.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2024, No. 546, §3, eff. July 1, 2024.
A.(1) The Office of Group Benefits shall have the powers and privileges of a corporation and shall exercise all powers, duties, functions, and responsibilities provided or authorized for it by law. It shall directly exercise all powers, duties, functions, and responsibilities provided or authorized for it which are in the nature of policymaking, rulemaking, licensing, regulation, enforcement, or adjudication and shall directly exercise all advisory powers, duties, and functions provided to it by law.
(2) The office shall administer and implement all programs provided or authorized for it by law which relate to rulemaking, licensing, regulation, enforcement, and adjudication and shall be subject to the provisions of the Administrative Procedure Act, including provisions relative to adjudication proceedings.
(3) The office shall exercise its powers, duties, functions, and responsibilities and shall administer and implement the programs authorized in this Section.
B. In addition, the office shall have the following powers and duties:
(1) To adopt and promulgate rules and regulations for the administration, operation, and management of programs and benefit plans offered through the Office of Group Benefits, which shall not be inconsistent with the provisions of this Chapter or other applicable laws.
(2) To prepare and submit a budget in accordance with the provisions of Parts I and II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950.
(3) To designate a depository for operating and other monies under its control, which shall be fully guaranteed and shall be subject to the provisions of R.S. 49:321 and Chapter 1-A of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950.
(4) To appoint an independent consulting actuary.
(5) To do and perform all things necessary or incident to the powers, duties, and functions vested in it.
(6) To establish benefit plans, under the direction of the commissioner of administration, for the life, health, and other benefit programs offered through the office. This duty shall include the responsibility to ensure, to the greatest extent practicable, that the plans for benefits and coverages available for employees in all parts of the state are comparable with respect to coverages offered.
(7) Subject to the board's review and recommendation, to establish premium rates, under the direction of the commissioner of administration and in consultation with actuaries for the life, health, and other benefit programs offered through the office. The commissioner of administration, the chief executive officer of the Office of Group Benefits, and the Policy and Planning Board shall also use any official information developed, gathered, and presented to the parties by the Group Benefits Estimating Conference in the development of premium rates.
(8)(a) To negotiate contracts under the provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950, in the best interests of the office and its covered persons. The Office of Group Benefits is specifically authorized to negotiate and contract directly with the following:
(i) Health maintenance organizations as defined by R.S. 22:242(7).
(ii) A group purchaser as defined in R.S. 40:2202(3).
(iii) A preferred provider organization.
(iv) A health care provider or providers for formation of a preferred provider organization as defined by R.S. 40:2202(5).
(b) The office is specifically authorized to negotiate and contract directly for the following:
(i) Provision of basic health care services and other health care services to the program's covered persons.
(ii) Any other health care plan or systems, including but not limited to any health care service, delivery system, benefits programs, insurance, or any other plan or programs that may be authorized by law.
(c) For the purposes of this Paragraph, the basic health care services provided under a contract for a preferred provider organization or a health maintenance organization shall be those services which are covered under the Office of Group Benefits Schedule of Benefits. Nothing herein shall prohibit the office from adopting rules or regulations to prevent or prohibit adverse selection between programs offered by the office.
(d) Any such contract shall be subject to review and final approval by the appropriate standing committees of the legislature having jurisdiction over review of agency rules by the Office of Group Benefits as designated by R.S. 49:966(B)(21)(c), or the subcommittees on oversight of such standing committees, and the office of state procurement of the division of administration.
(9) To administer or provide for the administration of an Internal Revenue Service qualified cafeteria plan. The plan shall be developed, negotiated, and implemented by the office subject to approval of the appropriate standing committees of the legislature having jurisdiction over review of agency rules of the Office of Group Benefits as designated by R.S. 49:966(B)(21)(c) or the subcommittee on oversight of such standing committees. The provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950 shall not apply.
(10) To authorize small debts owed to the Office of Group Benefits to be canceled from the financial records. For purposes of this Paragraph, a small debt shall be any debt owed to the Office of Group Benefits in an amount less than fifty-one dollars.
(11) To procure and negotiate internal auditing service contracts in accordance with the provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950.
(12) To procure and negotiate pharmacy benefit manager contracts through the use of a reverse auction pursuant to R.S. 39:1600(D) and 1600.1 when it has been determined by the division of administration to be in the best interest of the state.
C. Notwithstanding any other provision of law to the contrary, the Office of Group Benefits may establish health reimbursement accounts, health savings accounts, and similar accounts as authorized by federal law.
D.(1) Notwithstanding any other provision of this Section to the contrary, any new plan of benefits or the annual plan of benefits submitted under the direction of the commissioner of administration for the life, health, or other benefit programs offered through the Office of Group Benefits or any professional, personal, and social services contracts other than contracts for legal services or actuarial services negotiated through the Office of Group Benefits under the provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950 as provided in Subsection A and Paragraph (B)(8) of this Section or any contracts in connection therewith shall be subject to review and final approval by the Joint Legislative Committee on the Budget.
(2) Additionally, any adjustments to such contracts in the amount of one million dollars or more shall require the review and approval of the oversight committees before the modified contracts may be implemented. Such adjustments shall indicate the fiscal impact to the plan of benefits as well as the rate structure, if any, over the subsequent three years or maximum contract period.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2004, No. 890, §2; Acts 2007, No. 479, §1, eff. July 19, 2007; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2014, No. 864, §§4 and 5; Acts 2015, No. 146, §2, eff. Jan. 1, 2016; Acts 2018, No. 603, §1; Acts 2021, No. 102, §3.
A. In the development of contracts for health insurance plans intended to be offered in each of the office's regions, the office shall utilize a solicitation for proposals or other competitive process to determine whether there exists a Louisiana HMO which is licensed and authorized to sell insurance in that region. In the event that a Louisiana HMO submits a competitive offer, proposal, bid, or other response to such solicitation, then the office shall include that Louisiana HMO in its plan of benefits for that region. However, if more than three different Louisiana HMOs submit competitive offers, proposals, or bids for a region, then the office shall select at least three Louisiana HMOs for inclusion in the plan of benefits for that region. The selection shall be based on a comparison of the quotes of each competitor for coverage of an active single insured which have been adjusted to an actuarially equivalent basis.
B. The contract between the office and a Louisiana HMO or any other insurer with respect to inclusion of its insurance products in the office's plan of benefits for a region shall contain terms which provide for equal employer contributions. With respect to insureds who select a Louisiana HMO for their coverage, there shall be no extraordinary restrictions placed on their plan participation due to their selection of the Louisiana HMO.
C. As used in this Section, the term "Louisiana HMO" means a health maintenance organization which meets all of the following criteria:
(1) Offers fully insured commercial and/or Medicare Advantage products.
(2) Is domiciled, licensed, and operating within the state.
(3) Maintains its primary corporate office and at least seventy percent of its employees in the state.
(4) Maintains within the state its core business functions which include utilization review services, claim payment processes, customer service call centers, enrollment services, information technology services, and provider relations.
D. The provisions of this Section shall apply to all plan years beginning with Fiscal Year 2007-2008.
E. No provision of this Section shall require the Office of Group Benefits to utilize any insurance product that increases costs to the plan of benefits as determined by the independent actuarial process, all parties being represented. The comparison shall be based on at least twelve months experience beginning no earlier than January 1, 2008. All reasonable cost for the independent actuary shall be the responsibility of the health insurance provider which is the subject of such actuarial determination and not the Office of Group Benefits. The Office of Group Benefits shall arrange for this comparison and future comparisons at no more frequent intervals than annually.
Acts 2007, No. 479, §1, eff. July 19, 2007.
NOTE: See Acts 2007, No. 479, §2, regarding extraordinary or additional employee enrollment period for FY 2007-2008.
A. The commissioner of administration shall appoint a chief executive officer who shall be an unclassified employee and serve at the pleasure of the commissioner of administration and shall be subject to Senate confirmation. The chief executive officer shall be qualified in the areas of the administration of group insurance and other benefit programs and the investment of public funds.
B.(1) The chief executive officer shall exercise all functions necessary for the administration and implementation of the policies and rules of the office which relate to rulemaking, licensing, regulation, enforcement, and adjudication, including personnel management.
(2) The chief executive officer shall employ, appoint, remove, assign, and promote such personnel as are necessary for the efficient administration of the powers, duties, functions, and responsibilities of the board and for the administration and implementation of the office, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the division of administration, and subject to budgetary control and applicable laws.
C.(1) The chief executive officer shall appoint a chief operating officer who shall be an unclassified employee. The chief operating officer shall possess such qualifications deemed necessary by the chief executive officer.
(2) The chief operating officer shall, under the supervision and control of the chief executive officer, perform and administer all functions of the office which are in the nature of accounting and budget control, management and program analysis, and grants management and exercise all functions of the program which relate to payroll, personnel management, procurement, and contract management.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
§804. Repealed by Acts 2018, No. 676, §2.
A. The office shall be responsible for preparing and transmitting to each employer agency a monthly invoice premium statement delineating the participating employees of that agency, the class of coverage, total amount of employer and employee contributions due to the office, and such other items as are deemed necessary by the office.
B. It shall be the responsibility of the employer agency to reconcile the monthly invoice premium statement, collect the employee contribution by payroll deduction or otherwise, and remit the reconciled monthly invoice premium statement and both the employer and employee contributions to the office within thirty days after receipt of the monthly premium invoice statement.
C. If any employer agency fails to remit both the employer and employee contributions to the board within thirty days after receipt of the monthly invoice premium statement from the office, the state treasurer shall, at the request of the office, withhold from state funds due the agency the full amount of the delinquent employer and employee contributions and remit this amount directly to the office.
D.(1) Except as provided in Paragraph (2) of this Subsection, employer and employee contributions for the payment of premiums for group benefits for state employees contracted for under the provisions of this Chapter shall be deposited directly with the office or its designated third-party administrator. The office shall pay all monies for such benefits as they become due and payable.
(2) The provisions of Paragraph (1) of this Subsection shall not apply to either of the following:
(a) Any individual Medicare marketplace health reimbursement arrangement contracted by the office for Medicare-eligible enrollees.
(b) Health plans administered by Louisiana State University and Agricultural and Mechanical College.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2018, No. 676, §1.
The office shall be responsible for the processing of all claims under policies for group benefits for state employees contracted for under the provisions of this Chapter. The office shall be responsible for the disbursement of all payments of such claims to program participants.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
A. The office is authorized to retroactively cancel coverage in programs offered through the office in the following instances:
(1) To the extent the cancellation of coverage is attributable to a failure of the enrollee to timely pay required premiums or contributions toward the cost of coverage.
(2) The cancellation of coverage is initiated by the enrollee or dependent.
B. When the office retroactively cancels coverage pursuant to this Section, the enrollee shall be liable to the office for all benefits paid by the office on behalf of the enrollee and dependents after the effective date of rescission or cancellation of coverage.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2018, No. 676, §1.
A. For the purposes of participating in life, health, or other programs sponsored by the Office of Group Benefits, an employee is defined as:
(1) A classified or unclassified state civil service employee.
(2) A retiree as defined by the rules and regulations of the Office of Group Benefits.
(3) A full-time employee of a school board, if the school board elects to pay at least one-half of the insurance premium for the employee; however, if the school board makes such an election, the school board shall pay the same proportion of any increase in premiums as compared to the proportion of premiums paid by the state on behalf of state employees.
(4) A district supervisor or a district employee or a retired district supervisor or a retired district employee of a soil and water conservation district.
(5) Any parish judge paid in part or in full by the state.
(6) Notwithstanding any provision of this Chapter to the contrary, any employee of the New Orleans City Park Improvement Association, which is within the Department of Culture, Recreation and Tourism pursuant to the provisions of R.S. 36:209(C), who is a participant in a program or programs administered by the Office of Group Benefits and who is transferred to a nonprofit corporation recognized as a 501(c)(3) entity under the Internal Revenue Code of 1954, as amended, which transfer is made pursuant to a cooperative endeavor agreement which provides for the nonprofit corporation to provide certain maintenance, administration, and operating functions on behalf of the New Orleans City Park Improvement Association.
(7) Notwithstanding any other provision of law to the contrary, any active or retired employee of the Louisiana Naval War Memorial Commission as provided by R.S. 25:1000 et seq. Nothing in this Paragraph shall be construed to extend eligibility under this Subsection to any current or past member of the commission.
(8) The district attorney or district attorney office active employees of New Orleans.
(9) Notwithstanding any other provision of law to the contrary, any active or retired member of the Louisiana National Guard, provided such active or retired member agrees to pay one hundred percent of the premium and certifies that other coverage is not available through the member's employment or the member is not eligible for Medicare.
(10) Notwithstanding any other provision of law to the contrary, any official holding an appointed position with the West Jefferson Levee District for more than eight years prior to January 1, 2007.
(11)(a) Notwithstanding any provision of law to the contrary, persons who are state employees who have completed not less than ten years of continuous full-time state employment and who are terminated without cause or who resign, and persons who have completed not less than ten years of continuous service as state elected officials who are either ineligible to run for reelection, fail to be reelected, or resign from elected office, and persons who have completed not less than ten years of continuous service as state appointed officials and who are removed from office without cause or who resign are deemed to be a special group for eligibility for programs sponsored by the Office of Group Benefits. Such group shall not be subject to the provisions of Paragraph (3) of this Subsection, R.S. 42:851(E) and (H)(5), or other limitations or restrictions of law that require vesting or a duration of continuous membership in the programs for eligibility for maximum premium contributions, or that authorize or require the premium rates for such group to be increased as a result of eligibility being authorized without prior participation as an active employee, or that limit participation to either actively employed or retired persons.
(b) For the purposes of this Paragraph and R.S. 42:851(R):
(i) "State employee" means any person who, as an active employee, was a member of the Louisiana State Employees' Retirement System or the Teachers' Retirement System of Louisiana.
(ii) "State elected official" means any person elected to a statewide office, to the legislature, to the Public Service Commission, to the State Board of Elementary and Secondary Education, to the state courts of appeal, or to the Louisiana Supreme Court.
(iii) "State appointed official" means any person who is appointed by a state elected official to serve on a board or commission with statewide jurisdiction which exists by law and which service may be compensated or not.
B. No individual may participate in a program sponsored by the Office of Group Benefits unless the school board, state agency, or political subdivision through which the individual is actively employed or retired from participates in the program as a group.
C. Notwithstanding any other provision of this Chapter to the contrary, the provisions of this Section shall not affect the eligibility of any state agency, local school board, political subdivision, or other entity or any individuals eligible to participate in the program on June 29, 2001.
D.(1) Notwithstanding any provision of law to the contrary, no person employed in a position in an unclassified health care professional employee pool established pursuant to R.S. 17:1519.16 shall be considered an employee for purposes of this Section nor shall any such person be eligible to participate in any health, life, or other programs sponsored by the Office of Group Benefits.
(2) The appointing authority shall notify each person being employed in a position in an unclassified health care professional employee pool of his ineligibility for participation in any programs of the Office of Group Benefits. Each person employed in a position in an unclassified health care professional employee pool shall sign an affidavit acknowledging his ineligibility for participation in any programs of the Office of Group Benefits.
E. Notwithstanding any provision of law to the contrary, and in particular the provisions of R.S. 22:1001, 1003, and 1003.1, the Office of Group Benefits is authorized to offer group insurance coverage to the following dependents of an enrollee:
(1) The spouse of the enrollee, as defined by the office.
(2) A child of the enrollee, until the end of the month the child attains the age of twenty-six, unless coverage is terminated earlier as provided in this Section.
(3) For purposes of this Section, "child" means:
(a) The issue of a marriage of the enrollee.
(b) A natural child of the enrollee.
(c) A legally adopted child of the enrollee or a child placed for adoption with the enrollee.
(d) The child of a male enrollee, if a court of competent jurisdiction has issued an order of filiation declaring the paternity of the enrollee for the child or the enrollee has formally acknowledged the child.
(e) The issue of a previous marriage or a natural or legally adopted child of the enrollee's legal spouse, hereinafter "stepchild", which stepchild has not been adopted by the enrollee and for whom the enrollee does not have court-ordered legal custody, until the earliest of:
(i) The end of the month the enrollee is no longer married to the stepchild's parent.
(ii) The end of the month of the death of the enrollee's spouse who is the stepchild's parent.
(iii) The end of the month the stepchild attains the age of twenty-six.
(f) A grandchild in the court-ordered legal custody of and residing with the grandparent enrollee, until the end of the month the grandchild attains the age of twenty-six. For purposes of this Section, "grandchild" means a child of a child of the enrollee.
(g) A dependent for whom the enrollee has court-ordered legal custody or court-ordered legal guardianship but who is not a child or grandchild of the enrollee until the end of the month the custody or guardianship order expires or the end of the month the dependent attains the age of eighteen, whichever is earlier.
F.(1) Attainment of the respective limiting age of a child or grandchild shall not operate to terminate the coverage of such child or grandchild if the child or grandchild became incapable of self-sustaining employment by reason of physical or mental disability prior to attaining the respective limiting age, provided that no later than seven months before the child or grandchild reaches the limiting age, the health plan authorized by R.S. 42:851(A) shall send a notice notifying the parent or grandparent that the coverage shall expire unless an application for continued coverage is filed with the office on a form designated by the office, and the application is subsequently approved. The notice shall provide that if the application for continued coverage is not filed prior to the date the child or grandchild reaches the respective limiting age, the child or grandchild shall lose coverage. The notice shall explain the right of the parent or grandparent to appeal for an administrative review if the documentation is not submitted timely. This application shall be submitted no earlier than six months prior to the child or grandchild attaining the respective limiting age and shall be accompanied by an attestation from the dependent's attending physician setting forth the specific physical or mental disability and certifying that the child or grandchild is incapable of self-sustaining employment by reason of that disability. The office may require additional medical or other supporting documentation regarding the disability to process the application.
(2) After the initial approval, the office may require the submission of additional medical or other supporting documentation substantiating the continuance of the disability, but not more frequently than annually, as a precondition to continued coverage. If continued coverage is denied due to the failure of the parent or grandparent to obtain the additional documentation, upon submitting the documentation, the parent or grandparent may appeal for an administrative review to reinstate the coverage. For good cause shown and after considering the totality of the circumstances, the administrative review panel may decide to reinstate coverage for the child or grandchild.
(3) The parent or grandparent who fails to submit the application for continued coverage prior to the date the child or grandchild reaches the respective limiting age, may appeal for an administrative review of the denial of coverage. The parent or grandparent shall explain the reasons for the untimely filing. For good cause shown and after considering the totality of the circumstances, the administrative review panel may decide to continue coverage for the child or grandchild.
(4) The provisions of this Subsection shall apply to any health plan authorized by R.S. 42:851(A).
Acts 2001, No. 767, §2, eff. June 26, 2001; Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2004, No. 779, §1, eff. July 1, 2004; Acts 2004, No. 870, §1, eff. July 1, 2004; Acts 2005, No. 223, §3, eff. July 1, 2005; Acts 2005, No. 505, §2; Acts 2006, 1st Ex. Sess., No. 1, §2, eff. Jan. 1, 2007; Acts 2007, No. 366, §1, eff. July 10, 2007; Acts 2008, No. 414, §1, eff. June 21, 2008; Acts 2011, No. 129, §1, eff. June 24, 2011; Acts 2014, No. 811, §23, eff. June 23, 2014; Acts 2018, No. 603, §1; Acts 2018, No. 676, §1; Acts 2020, No. 112, §1; Acts 2021, No. 20, §6.
State boards, commissions, municipalities, and other public bodies may deduct from the employee's pay, salary, or compensation, such parts of the premiums, surcharges, and other voluntary contributions for life, health, or other benefit programs offered by the office as are payable by the employee and as may be authorized in writing by the employee.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2018, No. 676, §1.
The office shall have the accounts of the program audited annually by the legislative auditor or a certified public accountant as described by R.S. 24:513 and shall furnish, as of the end of each fiscal year, a report showing a statement of revenue and expenditures for the preceding year, and a balance sheet showing the financial condition of the program at the end of the fiscal year. It shall also publish a synopsis of the report.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
A. No state agency, local school board, political subdivision, or other entity participating in programs offered through the Office of Group Benefits shall terminate participation in those programs, unless each of the following conditions is met:
(1) The head of the agency has notified the employees of the proposed termination.
(2) The head of the agency has informed the employees regarding these statutory provisions covering termination and re-enrollment.
(3) A majority of the employees of the agency approve in writing such termination within fifteen days of the notification of the proposed termination.
(4) The head of the agency has provided written notice of intent to withdraw to the office at least thirty days prior to the anniversary date of the agency joining the program.
B. Any agency which withdraws from a program offered by the office must pay, in advance, an actuarially determined pro rata share of any accrued liabilities of the program. The actuarial consultant serving the program shall determine the share of liabilities due. Any agency which does not remit the entire share of actuarially determined liabilities shall not be allowed to terminate participation in the program.
C.(1) Notwithstanding any other provision of law to the contrary, no state agency, local school board, political subdivision, or other entity which terminates participation in the programs and procures a private contract of health and life insurance for its employees pursuant to this Section shall, upon termination of the private contract and re-enrollment in the programs, use monies appropriated by the legislature for payment of the state or employer's portion of any premium due the program.
(2) The total amount of the premium due by the employee of such agency to the office shall be deducted from the salary of the employee.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
A. Beginning January 1, 2023:
(1) The office shall require every health plan offered through the office to furnish in writing or provide electronically, within one business day of a written or oral request by a healthcare provider, the medical criteria and any other requirements that must be satisfied in order for a particular healthcare service, procedure, or prescription drug to be prior authorized by the health plan.
(2) Upon the denial of a prior authorization by a health plan offered through the office, the office shall require the health plan to provide with the written notification of the denial either a copy of the applicable law, regulation, policy, procedure, or medical criterion or guideline that was used by the health plan in the determination to deny the prior authorization or instructions on how to access such law, regulation, policy, procedure, or medical criterion or guideline on the website of the health plan that is publicly accessible.
B. The office may adopt rules in accordance with the Administrative Procedure Act as are necessary for the implementation of this Section.
Acts 2022, No. 696, §1, eff. July 1, 2022.
For the purposes of this Subpart, the following terms shall have the following meanings:
(1) "Administrative fee" means the sole compensation that the administrator or pharmacy benefit manager receives under the contract. The administrative fee includes all services related to the contract including but not limited to appeals, clinical programs, and other communications, eligibility maintenance, explanation of benefits, formulary customizations, member grievances and call centers, on-site audits and surveys, prior authorizations and step therapy, trend management, and benchmark reporting and transaction fees. The administrative fee does not include pass-through claims.
(2) "Administrator" means any entity contracted with the office to adjust or settle claims in connection with health coverage offered by the office. The term "administrator" shall not include an employer performing any such service on behalf of its employees, an independent consulting actuary contracted with the office, or a pharmacy benefit manager.
(3) "Pharmacy benefit manager" means any entity contracted with the office to administer a prescription drug or device program of one or more health plans on behalf of the office in accordance with a pharmacy benefit program.
(4) "Revenues" means all financial benefits that an administrator or pharmacy benefit manager receives related to utilization or enrollment in programs offered by the office. These include but are not limited to access fees, market share fees, formulary access fees, inflation protection and penalty payments, and marketing grants from pharmaceutical manufacturers, wholesalers, and data warehouse vendors. "Revenues" also means any financial benefit received by an administrator or pharmacy benefit manager attached to a rebate.
Acts 2024, No. 546, §1, eff. July 1, 2024.
A.(1) Annually on or before April first, each administrator and pharmacy benefit manager that had a contract with the office in the preceding calendar year shall file a report with the office detailing any known revenues outside of the administrative fee related to their current contract with the office for the preceding calendar year, by source.
(2) Annually on or before June thirtieth, each administrator and pharmacy benefit manager that was required to file a report pursuant to the provisions of Paragraph (1) of this Subsection shall file a final report with the office updating and supplementing as appropriate any information from its report filed pursuant to Paragraph (1) of this Subsection to ensure that all revenues for the preceding calendar year are reported.
B. At the time that a report required pursuant to the provisions of this Section is filed with the office, the filer shall also submit copies of the report to the House and Senate committees on insurance.
C. Notwithstanding any provision of law to the contrary, the office may promulgate emergency rules for the initial implementation of this Section.
Acts 2024, No. 546, §1, eff. July 1, 2024.
A. Each administrator contract with the office shall clearly establish an administrative fee or a calculation for an administrative fee to be retained by the administrator for performance of its duties. The administrator is prohibited from retaining revenues directly attributable to the contract other than the administrative fee. This prohibition includes revenues from rebates and other fee arrangements with third-party administrators which revenues are directly attributable to the administrator's contract with the office.
B.(1) Each year, within thirty days of filing the report required by R.S. 42:814(A)(1), the administrator shall remit to the office all revenues that are directly attributable to its contract with the office, notwithstanding the administrative fee, that were collected in the calendar year covered by the report.
(2) Each year, within thirty days of filing the report required by R.S. 42:814(A)(2), the administrator shall remit to the office any new revenues disclosed on such report that are directly attributable to its contract with the office, notwithstanding the administrative fee.
C. Amounts received but not retained by the administrator as payment for network access, or value-based clinical and provider quality performance programs based on national benchmarks, shall not be considered as revenue for purposes of this Section.
Acts 2024, No. 546, §1, eff. July 1, 2024.
A. Each pharmacy benefit manager contract with the office shall clearly establish an administrative fee or a calculation for an administrative fee to be retained by the pharmacy benefit manager for performance of its duties. The pharmacy benefit manager is prohibited from retaining revenues directly attributable to the contract other than the administrative fee. This prohibition includes revenues from rebates and other fee arrangements with third-party pharmacy benefit managers which revenues are directly attributable to the pharmacy benefit manager's contract with the office.
B.(1) Each year, within thirty days of filing the report required by R.S. 42:814(A)(1), a pharmacy benefit manager shall remit to the office all revenues that are directly attributable to its contract with the office, notwithstanding the administrative fee, that were collected by the pharmacy benefit manager in the calendar year covered by the report.
(2) Each year, within thirty days of filing the report required by R.S. 42:814(A)(2), the pharmacy benefit manager shall remit to the office revenues disclosed on such report that are directly attributable to its contract with the office, notwithstanding the administrative fee.
Acts 2024, No. 546, §1, eff. July 1, 2024.
A. Each administrator and pharmacy benefit manager owes a duty of good faith and fair dealing to the office. Failure to file a report required by this Subpart or failure to accurately or completely disclose revenues on such report shall constitute a breach of the duties imposed in this Section.
B. In addition to any damages, attorney fees, and costs for breach of the imposed duty, including all costs associated with recovering owed amounts, the office may be awarded penalties assessed against the breaching party in an amount not to exceed two times the party's revenues received for the calendar year for which the party failed to disclose with the office.
Acts 2024, No. 546, §1, eff. July 1, 2024.
A.(1)(a) The state of Louisiana, through the Office of Group Benefits, and each of its governmental and administrative subdivisions, departments, or agencies of the executive, legislative, or judicial branches, and the governing boards and authorities of each state university, college, or each public elementary and secondary school system in this state are authorized to:
(i) Procure private contracts of group life and group accidental death and dismemberment insurance covering their respective employees, officials, and department heads or any class or classes thereof, and the dependents of such employees, officials, or department heads; or
(ii) Adopt, administer, or operate or contract for all or a portion of the administration, operation, or both, of a self-funded program for that purpose.
(b) Each such private contract or self-funded program, the premiums of which are paid in whole or in part with state funds, shall be approved by the Office of Group Benefits; except that any city or parish school board may enter into such private contract or self-funded program without approval. The employee or retiree eligibility provided in such private contract or self-funded program must be identical to the eligibility provided in the Office of Group Benefits programs.
(c) The contribution by the state or any other entity herein enumerated in all cases shall not be less than fifty percent of the total premium out of funds contributed by the state.
(2) The contributions of employees, officials, or department heads to the premiums for such benefits may be deducted by the employer from the salaries of the employees, officials, or department heads when authorized in writing by the respective persons. However, the amount paid toward the premium by the state or any of its governmental and administrative subdivisions, departments, or agencies and the governing boards and authorities of each state university, college, or public elementary and secondary school system, or of any other agency or subdivision of the public school system of the state, shall be subject to the approval of the office.
(3) No reductions of state contributions shall be made on contracts heretofore written and continued in force, and, in addition, the premiums shall be paid out of funds appropriated for the purpose and included in the respective budgets of the state or other entity.
(4)(a) Nothing herein shall be construed as limiting the authority of the office to adopt, administer, or operate or to contract for all or a portion of the administration, operation, or both of a self-funded program.
(b) Under any such self-funded program the board, for purposes of establishing rates and premiums, may group risks into one or more classifications. The rates and premiums adopted for each classification shall take into consideration the loss experience in the classification as well as other relevant factors. The rates so fixed shall not be excessive, inadequate, or unfairly discriminatory and shall be uniform within each classification.
(5) Notwithstanding any provision of law to the contrary, nothing herein shall be construed to exclude city and parish school board members from eligibility for participation as provided in R.S. 17:1223.
(6) Notwithstanding any provision of law to the contrary, any eligible entity which elects to participate in the health and accident insurance coverage as provided in Part III of Chapter 12 of Title 42 of the Louisiana Revised Statutes of 1950 shall also participate in the group life insurance coverage as provided in this Part.
B.(1) For the purposes of this Section, teachers and all other school board employees and those former employees now retired shall be considered state employees and shall be entitled to participate in the Office of Group Benefits programs if no local group policy or program is in effect for school board employees. If a local group policy is in effect for school board employees, those employees may participate in a state employee group policy or program only if a majority of the insured group vote to dissolve their local group policy participation and participate in a state employee group plan; however, any school board desirous of participating in said group policy or program shall meet the participation requirements established by the office.
(2) School boards may pay from local funds any portion of the cost of the group policy.
(3) Nothing in this Section shall be construed to require any school board to use local funds to pay all or any portion of the cost of the group policy for participating former employees now retired.
C. Each retiree who was a member of the Office of Group Benefits programs or its predecessor prior to retirement and who had life insurance coverage for a dependent spouse prior to retirement shall be allowed to retain dependent life insurance coverage for the dependent spouse after retirement in the amount of one thousand, two thousand, or four thousand dollars at the option of the employee, without regard to age.
Acts 2001, No. 767, §1, eff. June 26, 2001; Acts 2001, No. 1178, §5, eff. June 29, 2001.
NOTE: See Acts 2001, No. 767, §3.
A. The state of Louisiana, through the Office of Group Benefits and each of its governmental and administrative subdivisions, departments, or agencies of the executive, legislative, or judicial branches, and the governing boards and authorities of each state university, college, or public elementary and secondary school system in this state are authorized to:
(1) Procure private contracts of insurance covering their respective employees, officials, and department heads, or any class or classes thereof, and the dependents of such employees, officials, or department heads under a policy or policies of group health, accident, accidental death and dismemberment, and hospital, surgical, or medical expense benefits.
(2) Adopt, administer, or operate or contract for all or a portion of the administration, operation, or both of a self-funded program for that purpose.
B. Each such private contract or self-funded program, the premiums of which are paid in whole or in part with state funds, shall be approved by the Office of Group Benefits, except that any city or parish school board may enter into such private contract or self-funded program without approval. The employee or retiree eligibility provided in such private contract or self-funded program must be identical to the eligibility provided in the Office of Group Benefits programs.
C.(1) Except as provided in Paragraphs (D)(1) and (2) and Subsection E of this Section, and except for those retirees who are not covered by Medicare and who are qualified for coverage in accordance with the rules and regulations of the Office of Group Benefits, the contribution of the state shall not be less than fifty percent of the total premium paid out of funds contributed by the state.
(2) However, except for those retirees who are not covered by Medicare, the contribution by the state shall not be in excess of the dollar amount paid on behalf of members in the rating classification for employees of state departments and agencies.
(3) The employee portion of the premium rate for retirees without Medicare coverage shall not exceed the active employee portion of the premium rates for the same classification of coverage.
D.(1) For those retirees who are covered by Medicare, the minimum contribution of the state shall be seventy-five percent.
(2) For those active employees covered by the provisions of Paragraph (C)(1) of this Section whose state contribution was not less than fifty percent of the total premium paid out of funds of the state on June 30, 2001, the minimum contribution of the state shall be as follows:
(a) Beginning July 1, 2001, the minimum contribution by the state shall be fifty-eight percent of the total premium.
(b) Beginning July 1, 2002, the minimum contribution by the state shall be sixty-five percent of the total premium.
(c) Beginning July 1, 2003, and each year thereafter, the minimum contribution by the state shall be seventy-five percent of the total premium.
(3) Nothing herein shall be construed to prohibit the state from providing contributions at a higher level for participants as provided in Paragraph (2) of this Subsection.
(4) Notwithstanding any provision of law to the contrary, any lapse in participation for employees furloughed or terminated as the result of Hurricanes Katrina and Rita and subsequently rehired between August 30, 2005, and December 31, 2006, shall not reduce the state minimum contribution.
E.(1) Notwithstanding any other provision of this Part to the contrary, for any person who is an active employee as defined by R.S. 42:808 and who does not participate in the Office of Group Benefits program provided by this Part before January 1, 2002, but subsequently enrolls in the program, or for any person who is hired on or after January 1, 2002, who meets the definition of employee as provided by R.S. 42:808 the state contribution of the total premium shall, upon retirement, be:
(a) Nineteen percent for those persons with less than ten years of participation in the Office of Group Benefits program before retirement.
(b) Thirty-eight percent for those persons with ten years of participation but less than fifteen years of participation in the Office of Group Benefits program before retirement.
(c) Fifty-six percent for those persons with fifteen years of participation but less than twenty years of participation in the Office of Group Benefits program before retirement.
(d) Seventy-five percent for those persons with twenty or more years of participation in the Office of Group Benefits program before retirement.
(2) The Office of Group Benefits shall promulgate all rules necessary to carry out the provisions of Subsections A through E, P, and U of this Section.
(3) Nothing herein shall be construed to prohibit the state from providing contributions at a higher level for participants as provided in this Subsection.
(4) The provisions of this Subsection shall not affect the contributions paid by the state for any retiree covered under this Part on June 29, 2001, or the contributions paid by the state for any participant who retires before January 1, 2002.
F. The contributions of employees, officials, or department heads to the premiums for such benefits may be deducted by the employer from the salaries of the employees, officials, or department heads when authorized in writing by the respective persons. However, the amount paid toward the premium by the state or any of its governmental and administrative subdivisions, departments, or agencies and the governing boards and authorities of each state university, college, or public elementary and secondary school system of the state shall be subject to the approval of the office.
G. No reductions of state contributions shall be made on contracts heretofore written and continued in force, and, in addition, the premiums shall be paid out of funds appropriated for the purpose and included in the respective budgets of the state or other entity.
H.(1) Nothing herein shall be construed as limiting the authority of the office to adopt, administer, or operate or to contract for all or a portion of the administration, operation, or both of a primary self-funded program or additional programs with premium rate structures and state contribution rates which are different from the primary program.
(2) Under any such self-funded program the office, for purposes of establishing rates and premiums, may group risks into multiple classifications. There may be one classification for employees of state departments and agencies; there may be one classification for employees of eligible school boards; there may be one classification for employees of eligible political subdivisions and other public entities of the state; and there may be one or more classifications for retirees.
(3) For the purposes of this Subsection, the classification of state departments and agencies shall mean that group of eligible participants in the executive, legislative, or judicial branch of state government whose contributions for premiums are paid in whole or in part through appropriations by the legislature. The classification of school boards shall mean that group of eligible participants of city or parish school systems which receive funding through the Minimum Foundation Program. The classification of political subdivisions and other public entities shall mean participants of all other entities eligible for the program under the provisions of this Section not included in the classification of state departments and agencies or the classification of school boards.
(4) The rates and premiums adopted for each classification shall take into consideration the loss experience in the classification as well as other relevant factors.
(5) If a state department or agency, school board, or political subdivision or other public entity elects to participate in the state group health and accident insurance program after participation in another group health and accident program, the premium rate applicable to such employees and former employees intended to be covered by the program shall be the greater of the premium rate based on the loss experience of the group under the prior plan or the premium rate based on the loss experience of the classification into which the group is entering.
(6) The rates so fixed shall not be excessive, inadequate, or unfairly discriminatory and shall be uniform within each classification.
I. Notwithstanding any provision of law to the contrary, nothing herein shall be construed to exclude city and parish school board members from eligibility for participation as provided in R.S. 17:1223.
J. Notwithstanding any provision of law to the contrary, any eligible entity which elects to participate in the life insurance coverage as provided in Part II of Chapter 12 of Title 42 of the Louisiana Revised Statutes of 1950 shall also participate in the group health and accident insurance coverage as provided in this Part.
K. Notwithstanding any provision of law to the contrary, the employee portion of the premium rate for active employees or retirees shall not be increased to fund any deficit related to the provision of coverage. If a deficit is identified, the minimum contribution by the state may be increased to fully fund such deficit.
L.(1) School boards may pay from local funds any portion of the cost of the group policy.
(2) Nothing in this Section shall be construed to require any school board to use local funds to pay all or any portion of the cost of the group policy for participating former employees now retired.
M.(1) Notwithstanding any provision of law or any rule or regulation to the contrary, the state of Louisiana shall continue to contribute its portion of the premium or charges due under this Section for which an employee is granted leave of absence without pay due to a service-related injury for a period not to exceed twelve months. The state may contribute its portion of the premium and charges due under this Section for which an employee is granted leave of absence without pay due to active military duty or is granted leave without pay under the provisions of the federal Family and Medical Leave Act.
(2) If the employee should suffer a job-related injury that meets the definition of a total and permanent disability under the workers' compensation laws of Louisiana, the state of Louisiana shall continue to contribute its portion of the premiums or charges due under this Section until the employee becomes gainfully employed or is placed on state disability retirement.
(3) However, such contribution shall not be made for any period during which an employee is under a suspension from his employment without pay unless reinstated.
(4) An employee who is granted leave of absence without pay for any reason other than those enumerated above may continue participation in the Office of Group Benefits program for a period not to exceed twelve months upon the employee's payment of the full premium or charges due.
N. The Department of Insurance shall make an examination, at least once every five years, of the health indemnity plan of the Office of Group Benefits following the same guidelines applied to other health insurers, and report its findings to the Joint Legislative Committee on the Budget along with any recommendations for assuring plan solvency and quality.
O. Notwithstanding any provision of law to the contrary, any person who is an active employee, as defined in R.S. 42:808(A)(1), of the state Department of Education, special school district or the Department of Public Safety and Corrections, office of youth services who was employed by such state agency on or after January 1, 2002, but no later than March 29, 2004, who has participated in the Office of Group Benefits continuously during his state employment who, prior to such employment, was a professional and fully qualified employee of a city, parish, or other local public school system in a position that required certification by the state Department of Education and who participated in the group health insurance program made available by the school system for not less than twenty years shall, upon retirement, be eligible to maintain enrollment in the Office of Group Benefits program with a state contribution of seventy-five percent of his premium.
P.(1) Any person who is eligible for and receives disability retirement benefits from a retirement system created under the laws of this state shall receive the same retiree health care premium subsidy as an individual who has participated for twenty or more years in the Office of Group Benefits health care program. In order to be eligible for the retiree health care premium subsidy, the person shall have participated in health care programs sponsored by the Office of Group Benefits for the number of years sufficient to earn disability retirement benefits.
(2)(a) Notwithstanding any provision of law to the contrary, a spouse who is eligible for and receives survivor benefits from the State Police Retirement System pursuant to R.S. 11:1316 or 1345.8 shall be eligible to participate in the Office of Group Benefits health care program and receive the same health care premium subsidy as a retiree who has participated for twenty or more years in the Office of Group Benefits health care program. For the spouse to be eligible for the retiree health care premium subsidy, the member shall have participated in health care programs sponsored by the Office of Group Benefits for the number of years sufficient to earn survivor retirement benefits. A spouse who did not meet the qualifications for health care premium subsidy coverage pursuant to this Paragraph due to the date of death of the member occurring prior to June 30, 2021, shall have the option to select coverage no later than December 31, 2021.
(b) Notwithstanding any provision of law to the contrary, a child who has not attained the age of twenty-six years or a child who has a disability or is mentally incapacitated regardless of age who is eligible for and receives, or who was eligible for and received, survivor benefits from the State Police Retirement System pursuant to R.S. 11:1316 or 1345.8 shall be eligible to participate in the Office of Group Benefits health care program and receive the same health care premium subsidy as a retiree who has participated for twenty or more years in the Office of Group Benefits health care program. For the child to be eligible for the retiree health care premium subsidy, the member shall have participated in health care programs sponsored by the Office of Group Benefits for the number of years sufficient to earn survivor retirement benefits. A child who did not meet the qualifications for health care premium subsidy coverage pursuant to this Paragraph due to the date of death of the member occurring prior to June 30, 2021, shall have the option to select coverage no later than December 31, 2021.
Q. Notwithstanding any provision of law to the contrary, any person who is an active employee of the Jefferson Parish School System, or is employed as a probation and parole officer with the Department of Public Safety and Corrections on or before August 15, 1986, and participates in the Office of Group Benefits program, who elects to take retirement within the Louisiana State Employees' Retirement System pursuant to Act No. 194 of the 2004 Regular Session of the Legislature, and who has participated in the Office of Group Benefits program provided by this Part for at least ten years, shall, upon retirement, be eligible to maintain enrollment in the Office of Group Benefits program with a state contribution of seventy-five percent of his premium.
R. Notwithstanding any other provision of law to the contrary, persons made eligible as part of a special group for participation in programs sponsored by the Office of Group Benefits pursuant to R.S. 42:808(A)(11) may elect to participate in group health insurance programs upon the end of their state service as provided in R.S. 42:808(A)(11) provided they participated in a program of group health insurance sponsored by the Office of Group Benefits for not less than ten consecutive years prior to the end of their service. One hundred percent of the premium cost for coverage of any person in such group electing to participate shall be paid entirely by such person and shall be risk rated by the Office of Group Benefits. The election to continue insurance coverage pursuant to this Subsection must be made by the employee on or before the termination of the employee's service and the payment of the premiums to be paid pursuant to this Subsection shall begin on the date of termination.
S. Notwithstanding Paragraph (E)(1) of this Section or any provision of law to the contrary, any person who retires within the Louisiana State Employees' Retirement System and who elects to suspend his retirement benefits pursuant to the laws applicable to that system shall be eligible to maintain enrollment in programs sponsored by the Office of Group Benefits with the same contribution by the state as was applicable to such person upon his retirement. If such person is reemployed subsequent to his retirement, such contributions by the state shall be maintained through the course of such person's reemployment and his subsequent retirement thereafter.
T.(1) Notwithstanding any provision of law to the contrary, any person who retired on or after May 1, 2013, and on or before May 31, 2013, who participated in health care programs sponsored by the Office of Group Benefits for more than eighteen years, whose doctor certifies that on the date of his retirement he was medically unable to perform his job duties shall, upon retirement, be eligible to maintain enrollment in the Office of Group Benefits Program with a state contribution of seventy-five percent of his premium, if the sum of his accumulated unused leave on his retirement date plus his years of participation in the Office of Group Benefits Program, rounded to the nearest year, is twenty years or more.
(2) Notwithstanding any provision of law to the contrary, any person who is an employee, as defined in R.S. 42:808(A), who was employed by the Office of Community Relations and Rural Development after January 1, 2004, who subsequently becomes a state elected official as defined in R.S. 42:808(11)(b)(ii), and who has participated in the Office of Group Benefits continuously during his state employment, shall, upon retirement, be eligible to maintain enrollment in the Office of Group Benefits program with a state contribution of his premium, as provided in Subsection D of this Section.
U.(1) Notwithstanding any other provision of law or any rule or regulation to the contrary, health insurance coverage shall begin concurrent with employment by a public elementary or secondary school system if all of the following apply on the employee's first date of employment with that employer:
(a) The school system is in an area that is the subject of a gubernatorially or presidentially declared disaster or emergency.
(b) The declaration of disaster or emergency specifies that the disaster or emergency involves risks to the health or well-being of any individual who engages in certain activities.
(c) Among the activities posing a risk to an individual's health or well-being are activities integral to services to the school system that the employee is required to perform.
(2) The premium for the first month's insurance shall be paid immediately. The school system shall pay the employer contribution. The employee contribution may be paid by the school system or the employee. If the school system pays the employee contribution, the school system shall be reimbursed by a deduction from the employee's wages.
V.(1) Notwithstanding any provision of law to the contrary, any person who previously participated in health coverage programs sponsored by the Office of Group Benefits as a dependent spouse of a deceased retiree immediately prior to enrolling in Office of Group Benefits health coverage as an active employee shall, upon termination from state service, be eligible to obtain Office of Group Benefits health coverage as a surviving spouse, provided that all of the following conditions are met:
(a) The person is enrolled in Office of Group Benefits health coverage as an active employee as of July 1, 2024.
(b) The person remains enrolled in Office of Group Benefits health coverage continuously until immediately prior to the date of termination.
(c) The person would have had surviving spouse coverage at the time of the death of the retiree spouse but for his or her eligibility for coverage in a group health plan other than Medicare.
(d) The person pays the requisite premiums.
(e) The person complies with any other applicable Office of Group Benefits rules.
(2) A surviving spouse pursuant to this Subsection shall be entitled to receive, in state contribution to premiums, the percentage of the total premium as provided for in applicable Office of Group Benefits rules.
(3) Employer premium contributions for a person eligible to obtain Office of Group Benefits coverage as a surviving spouse pursuant to this Subsection shall be the responsibility of the school board, state agency, or political subdivision from which the deceased retiree spouse originally retired.
(4) The dependent children of a person eligible to obtain Office of Group Benefits coverage as a surviving spouse pursuant to this Subsection may continue coverage in accordance with applicable rules promulgated by the Office of Group Benefits.
Acts 1950, No. 531, §1. Amended by Acts 1956, No. 294, §1; Acts 1975, No. 486, §1; Acts 1976, No. 521, §2; Acts 1978, No. 768, §1; Acts 1979, No. 653, §1; Acts 1979, No. 745, §3, eff. July 1, 1979; Acts 1980, No. 791, §2; Acts 1981, No. 419, §2; Acts 1981, No. 686, §1; Acts 1981, No. 704, §1; Acts 1981, No. 710, §2; Acts 1982, No. 243, §1; Acts 1984, No. 884, §1; Acts 1985, No. 812, §1; Acts 1985, No. 840, §1; Acts 1986, No. 644, §1; Acts 1988, No. 902, §1; Acts 1988, No. 1009, §1; Acts 1989, No. 726, §1, eff. Jan. 31, 1990; Acts 1990, No. 615, §1, eff. July 19, 1990; Acts 1991, No. 424, §1; Acts 1991, No. 705, §1; Acts 1992, No. 447, §4; Acts 1992, No. 635, §2, eff. July 2, 1992; Acts 1992, No. 1044, §§1, 2; Acts 1997, No. 1357, §1, eff. July 1, 1997; Acts 1998, 1st Ex. Sess., No. 150, §2, eff. July 1, 1998; Acts 1999, No. 1005, §1, eff. July 1, 1999; Acts 1999, No. 1069, §1, eff. July 9, 1999; Acts 2000, 1st Ex. Sess., No. 41, §1; Acts 2000, 1st Ex. Sess., No. 128, §1, eff. April 19, 2000; Acts 2001, No. 767, §1, eff. June 26, 2001; Acts 2001, No. 1079, §1, eff. July 1, 2001; Acts 2001, No. 1174, §2, eff. July 1, 2001; Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2003, No. 897, §1; Acts 2005, No. 498, §1; Acts 2005, 1st Ex. Sess., No. 57, §1, eff. Dec. 6, 2005; Acts 2006, No. 757, §1, eff. June 30, 2006; Acts 2007, No. 366, §1, eff. July 10, 2007; Acts 2014, No. 771, §1, eff. June 30, 2014; Acts 2020, 2nd Ex. Sess., No. 32, §2, eff. Oct. 28, 2020; Acts 2021, No. 56, §1, eff. June 30, 2021; Acts 2024, No. 304, §1, eff. May 28, 2024.
NOTE: See Acts 2001, No. 767, §3.
NOTE: See Acts 2007, No. 366, §2, regarding effectiveness of R.S. 42:851(S). See also Acts 2007, No. 252.
Notwithstanding any provision of law or any rule or regulation to the contrary, the Office of Group Benefits shall provide its eligible benefits, as defined by the program, for visual services which are rendered within the lawful scope of practice of a duly licensed optometrist as defined in R.S. 37:1041. There shall be no discrimination in the payment of benefits allowed for such visual services, whether performed by an optometrist or physician, in instances where the services performed are within the lawful scope of practice of both professions. The coverage required under this Section shall not apply to payment for routine eye examinations, glasses, contact lenses, or office visits wherein the optometrist refers the patient to an ophthalmologist.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
Notwithstanding any provision of law or any rule or regulation to the contrary, the Office of Group Benefits shall provide its eligible benefits as defined by the program for services which are rendered within the lawful scope of practice of a duly licensed chiropractor as defined in R.S. 37:2801. There shall be no discrimination in the payment of benefits allowed for such services whether performed by a chiropractor or physician in instances where the services performed are within the lawful scope of practice of both professions. Terminology in such a policy, contract, or plan considered discriminatory against any such person or method of practice shall be void.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
A. Repealed by Acts 2018, No. 676, §2.
B. Repealed by Acts 2018, No. 676, §2.
C. Notwithstanding any other provision of law to the contrary, any money received by or under the control of the Office of Group Benefits shall not be used, loaned, or borrowed by the state for cash flow purposes or any other purpose inconsistent with the purposes of or the proper administration of the Office of Group Benefits.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2018, No. 676, §2.
Repealed by Acts 2018, No. 676, §2.
A. Notwithstanding any provision of law or any rule or regulation to the contrary, the Office of Group Benefits may, at the option of the chief executive officer or the commissioner of administration, offer covered benefits for rehabilitative treatment and services in physical therapy, speech and language pathology therapy, and occupational therapy.
B. These benefits shall be payable when the treatment or services are rendered by a licensed speech pathologist or licensed audiologist in the case of speech or language therapy, or by a licensed physical therapist in the case of physical therapy, or when the rehabilitative treatment or services are rendered by a physician licensed in this state, or when such treatment or services are rendered by a licensed occupational therapist or by a licensed chiropractor.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
A. Notwithstanding any other provision of law or rule or regulation to the contrary, the Office of Group Benefits may impose a surcharge, payable by the participant employer or an enrollee, regardless of the source of funding, upon any class of employees or retirees.
B.(1) In the event the participant employer does not pay the surcharge by the date it is due, the office shall remove that participant employer and all of its employees and retirees from participation in the Office of Group Benefits programs, effective on the last day of the month in which the surcharge was due.
(2) This Subsection shall apply to local school boards only in the event that funds are appropriated by the legislature for the payment of the surcharge applicable to the local school boards.
C. Notwithstanding any other provision of law or rule or regulation to the contrary, in the event an enrollee does not pay an enrollee surcharge or portion of surcharge by the date it is due, the office shall remove that enrollee and his dependents from participation in the program for which the surcharge was applicable, effective on the last day of the month in which the surcharge was due.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2018, No. 676, §1.
All group insurance contracts effected pursuant hereto shall conform and be subject to all the provisions of any existing or future laws concerning group insurance.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
A. Notwithstanding any provision of law or any rule or regulation to the contrary, no refund shall be required from a plan member or health care provider on a paid claim determined by audit or review to be ineligible under the following circumstances:
(1) For claims paid after June 30, 1999, and before July 1, 2002, if a period of more than twenty-four months has elapsed since the date of payment of such claim.
(2) For claims paid on or after July 1, 2002, if a period of more than eighteen months has elapsed since the date of payment of such claim.
B. The provisions of this Section shall apply to claims paid on or after July 1, 1999. The provisions of this Section shall not apply to refunds collected pursuant to Part II of Chapter 7 of Title 22 of the Louisiana Revised Statutes of 1950.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
A. The legislature hereby finds and declares that obesity is a significant health problem affecting hundreds of thousands of Louisiana residents. Severe obesity increases the mortality rate more than threefold, causes physical and emotional disability, and is often associated with comorbid health conditions, including hypertension, cardiopulmonary conditions, and diabetes, all of which compound the impact of obesity on longevity and quality of life. Louisiana residents with obesity are ninety percent more likely to have diabetes and fifty percent more likely to have high blood pressure than those who are not obese. Therapeutic interventions can alter the course and severity of obesity and severe obesity has been successfully treated through established surgical treatments.
B. As used in this Section, the following terms shall have the following meanings:
(1) "Body mass index" means a practical marker used to assess the degree of obesity, calculated by dividing the weight in kilograms by the height in meters squared.
(2) "Severe obesity" means either of the following:
(a) A body mass index equal to or greater than forty kilograms per meter squared.
(b) A body mass index equal to or greater than thirty-five kilograms per meter squared along with an associated comorbidity including but not limited to hypertension, cardiopulmonary conditions, sleep apnea, or diabetes.
C. The Office of Group Benefits programs shall offer a provision stating that benefits shall be payable for the treatment of severe obesity through gastric bypass surgery, sleeve gastrectomy, duodenal switch, single anastomosis duodeno-ileostomy with sleeve, or other methods recognized by the American Society for Metabolic and Bariatric Surgery as effective for the long-term reversal of severe obesity if all of the following criteria are met:
(1) The surgery or other treatment method is for an active state employee or retired state employee.
(2) The employee has participated in an Office of Group Benefits self-funded health plan for at least one year prior to the surgery or other treatment method and pre-authorization.
(3)(a) The employee complies with all requirements of the Office of Group Benefits during the pre-operative period.
(b) The pre-operative period shall be no less than four months.
(4) The employee has a body mass index greater than or equal to forty kilograms per meter squared, or greater than or equal to thirty-five kilograms per meter squared with two or more comorbidities.
D. The benefits provided for in this Section shall be limited to a maximum of three hundred surgeries per year.
E. Nothing in this Section shall be construed to provide coverage or other benefits for skin removal surgery.
F. The Office of Group Benefits programs shall offer reimbursement to hospitals, physicians, and clinics which is reasonable and customary.
G. The Office of Group Benefits benefit will be restricted to services provided in facilities holding accreditation by the American College of Surgeons and the American Society for Metabolic and Bariatric Surgery's Metabolic and Bariatric Surgery Accreditation and Quality Improvement Program (MBSAQIP).
H. Coverage of bariatric surgery shall require prior authorization.
Acts 2021, No. 388, §1.
Any agency or department of the state of Louisiana and each of its political, governmental, and administrative subdivisions are authorized to adopt group plans which allow the purchase of annuities, life insurance, or mutual funds which qualify for deferred federal taxation benefits as provided in Section 401(a) of the U.S. Internal Revenue Code. The employees' contributions for making such purchases may be deducted by the employer from the employees' salaries when authorized in writing by the respective persons so to do; provided that the state of Louisiana shall make no contribution toward such purchases. All such group plans must be procured through insurance companies authorized to do business within this state.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
A. There is hereby established the Group Benefits Policy and Planning Board within the Office of Group Benefits. The board shall review and recommend life and health benefit programs offered to eligible employees, including the proposed rate structure which will support the life and health benefit plan. At least annually, the chief executive officer shall submit any proposed changes to the rate structure and the associated life and health benefits programs to the board to review and recommend prior to the final adoption of the plan. The plan submitted by the chief executive officer shall include an estimate of the costs and an estimated rate structure for a three-year period. The board shall submit a written report to the commissioner of administration, the chief executive officer of the Office of Group Benefits, and the appropriate legislative oversight committees, including any comments and recommendations regarding modifications to such proposed benefit plans and the associated rates.
B. The Group Benefits Policy and Planning Board shall use any official information provided by the Group Benefits Estimating Conference as may be necessary in the review of benefits plans and proposed rate structures required by this Section.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2015, No. 146, §2, eff. Jan. 1, 2016; Acts 2018, No. 603, §1.
A. Membership and qualifications. The board shall be composed of eleven voting members, as follows:
(1) Three members who shall be appointed by the speaker of the House of Representatives each of whom shall have a minimum of five years professional experience or fiscal expertise in the industries of health insurance, actuarial services, financial services, or banking and shall be submitted to the Senate for confirmation.
(2) Three members who shall be appointed by the president of the Senate each of whom shall have a minimum of five years professional experience or fiscal expertise in the industries of health insurance, actuarial services, financial services, or banking and shall be submitted to the Senate for confirmation.
(3) Three members who shall be appointed by the governor each of whom shall have a minimum of five years professional experience or fiscal expertise in the industries of health insurance, actuarial services, financial services, or banking and shall be submitted to the Senate for confirmation.
(4) Two members who shall be elected by retired participants in the health benefits programs offered by the Office of Group Benefits and who shall be voting members, as follows:
(a) One retiree member who shall be elected from among retired teachers or other retired school employees.
(b) One retiree member who shall be elected from among retired state employees.
(c) Members elected as provided in this Paragraph shall have been continuous full-time employees for a minimum of five years as a state employee or as a teacher or other school employee, respectively, and shall be submitted to the Senate for confirmation.
B. Terms. The terms of the members of the board shall be as follows:
(1) Each of the members as provided in Paragraphs (A)(1) and (2) of this Section shall serve a four-year term concurrent with the term of office of the speaker of the House of Representatives or the president of the Senate, respectively.
(2) Each of the members of the board appointed by the governor as provided in Paragraph (A)(3) of this Section shall serve a term of six years. No such person shall be appointed to serve more than two terms.
(3) The two elected members elected pursuant to Paragraph (A)(4) of this Section shall serve a term of six years. No such person shall be elected to serve more than two terms. The board shall adopt rules and regulations to govern the election of these members.
C. Confirmation. All members appointed by the governor shall be subject to Senate confirmation at the first regular session of the legislature following their appointment.
D. Vacancies. (1) With the exception of the members elected pursuant to Paragraph (A)(4) of this Section, any vacancy in the membership of the board shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
(2) In the event of a vacancy of a member elected pursuant to Paragraph (A)(4) of this Section, the board shall fill the vacancy by appointment for the unexpired portion of the term unless the unexpired portion of the term is for a period of more than two years, in which case the appointment shall be until a successor is elected to fill the unexpired portion of the term. Such appointments and elections shall be in accordance with rules adopted and promulgated by the board and subject to confirmation by the Senate.
(3) In the event that no person qualifies to run for one or more elected positions pursuant to Paragraph (A)(4) of this Section, the remaining members of the board shall fill the position by appointment. The board shall promulgate rules, in accordance with the Administrative Procedure Act, to implement the provisions of this Paragraph.
E. Attendance. In the event that any member of the board is absent from three consecutive scheduled board and committee meetings, the board shall declare a vacancy in that position. Such vacancy shall be filled as provided in Subsection D of this Section. Nothing in this Subsection shall be construed to prohibit the reappointment or reelection of any person removed pursuant to this Subsection.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2015, No. 146, §2, eff. Jan. 1, 2016; Acts 2018, No. 676, §1.
A.(1) At the first meeting held in each fiscal year the board shall elect one of its members to serve as chairman until a new chairman is elected. At the same meeting, the board shall elect from its members a vice chairman to preside at meetings in the absence of the chairman and a secretary who shall be responsible for keeping the records and documents of the board.
(2) In the event of a vacancy in the office of chairman, vice chairman, or secretary, the board shall elect a member to serve in such capacity until the first meeting in the following fiscal year.
B. Each member of the board, within ten days after his election or appointment, shall take the constitutional oath of office.
C. Regular meetings of the board shall be held as called by the chairman at the time and place determined by the board; however, the chairman or a majority of the board, upon giving notice to each member, may call special meetings or cancel regular meetings. Meetings of the board shall be conducted in accordance with Robert's Rules of Order, unless the board prescribes a different procedure. All meetings and hearings of the board shall be open to the public.
D. Six members of the board shall constitute a quorum for the transaction of business, and the approval of a number equal to a majority of the voting membership of the board shall be necessary for any action taken by the board.
E. The secretary of the board shall keep records and minutes of the board's business and official actions. The minutes of the proceedings of the board shall be prepared and maintained by the secretary on behalf of and subject to the approval of the board.
F. Members of the board shall serve without compensation, but shall be reimbursed, in accordance with the official state travel regulations, for all necessary expenses incurred through service on the board.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2017, No. 316, §1; Acts 2018, No. 676, §1.
In order to extend to employees of the state and its political subdivisions, and of the instrumentalities of either, and to the dependents and survivors of such employees, the basic protection accorded to others by the federal old age, survivors, and disability insurance, and health insurance coverage embodied in the Social Security Act, it is hereby declared to be the policy of this state, subject to the limitations of this Chapter, that such steps be taken, and they are hereby expressly authorized, as to provide such protection to employees of the state and its political subdivisions and of the instrumentalities of either on as broad a basis as is permitted under applicable federal law. It is also the policy of this state that the protection afforded employees in positions covered by a retirement system on the date an agreement under this Chapter is made applicable to service performed in such positions, or receiving periodic benefits under such retirement system at such time, will not be impaired as a result of making the agreement so applicable or as a result of legislative enactment in anticipation thereof.
Acts 1952, No. 204, §1. Amended by Acts 1955, No. 36, §1; Acts 2004, No. 280, §1, eff. July 1, 2004.
For the purpose of this Chapter:
(1) "Agreement" means the federal-state agreement between the commissioner and state of Louisiana entered into by the state treasurer on December 10, 1952, as authorized by the Social Security Enabling Act for the purpose of extending coverage under Title II of the Social Security Act.1
(2) "Applicable federal law" refers to such provisions of federal law (including federal regulations and requirements issued pursuant thereto) as provide for extending the benefits of Title II of the Social Security Act to employees of states, political subdivisions, and their instrumentalities.
(3) "Commissioner of Social Security" includes any individual to whom the commissioner has delegated any of his functions under the Social Security Act2 with respect to coverage, under such Act, of employees of states, their political subdivisions, and instrumentalities.
(4) "Employee", in addition to its usual meaning, includes an officer of a state, a political subdivision thereof, or an instrumentality of either.
(5) "Employer" means the state, a political subdivision, or a local instrumentality of either.
(6)(a) "Employment" means any service performed by an employee in the employ of the state, or any political subdivision thereof, or any instrumentality of either, for such employer except (i) service which in the absence of an agreement entered into under this Chapter would constitute "employment" as defined in the Social Security Act; or (ii) service which under applicable federal law may not be included in an agreement between the state and the commissioner of Social Security entered into under this Chapter.
(b) Service which under the Social Security Act may be included in an agreement only upon certification by the governor in accordance with Section 218(d)(3), Section 218(d)(6), and Section 218(d)(7) of that Act shall be included in the term "employment" if and when the governor issues, with respect to such service, a certificate to the commissioner of Social Security pursuant to R.S. 42:1010(B).
(c) Provided, however, that services in any class or classes of elective positions, part-time positions, or positions the compensation for which is on a fee basis, or services performed by students or any agricultural labor excepted from employment by any provision of Section 210(a) of the Social Security Act other than Paragraph (8) of such Section, may, to the extent permitted by applicable federal law, be excluded in any plan or agreement approved or authorized by this Chapter.
(d) Provided further that the term "employment" shall include those civilian employees of the state military department who are paid with federal funds and who have been administratively determined by the National Guard Bureau to be state employees.
(7) "Federal Insurance Contributions Act" means subchapter A of Chapter 9 of the Federal Internal Revenue Code of 1939 and subchapters A and B of Chapter 21 of the Federal Internal Revenue Code of 1954, as such Codes have been and may from time to time be amended; and the term "employee tax" means the tax imposed by section 1400 of such Code of 1939 and section 3101 of such Code of 1954.
(8) "Instrumentality", when referring to an instrumentality of the state or political subdivision, includes only a juristic entity which is legally separate and distinct from the state or such subdivision and whose employees are not by virtue of their relation to such entity employees of the state or such subdivision.
(9) "Modification" means an amendment to the original federal-state agreement to extend coverage to coverage groups of additional employee classifications consistent with the provisions of Section 218 of the Social Security Act and this Chapter.
(10) "Plan" means an agreement between the state treasurer and a coverage group for the purpose of extending social security or health insurance coverage to the employees of the coverage group. Each agreement (plan) shall specify the terms, conditions, and scope of the coverage.
(11) "Political subdivision" includes any parish, municipality or other political subdivision within the state of Louisiana, to which has been delegated certain functions of local government, and employees thereof who are eligible to become a coverage group under the terms of the Social Security Act.
(12) "Retirement system" means a pension, annuity, retirement, or similar fund or system established by the state or by a political subdivision thereof or by an instrumentality of either the state or of a political subdivision.
(13) "Social Security Act" means the Act of Congress approved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited as "The Social Security Act",2 as such Act has been and may from time to time be amended.
(14) "Wages" means all remuneration for employment as defined herein, including the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for "employment" within the meaning of the Federal Insurance Contributions Act3, would not constitute "wages" within the meaning of that Act.
Acts 1952, No. 204, §2. Amended by Acts 1955, No. 36, §2; Acts 2004, No. 280, §1, eff. July 1, 2004.
142 U.S.C.A. §401 et seq.
242 U.S.C.A. §301 et seq.
353 Stat. 175 to 179, §3101 et seq. (1954 Act) and 26 U.S.C.A.
A. The Department of the Treasury, with the approval of the governor, is hereby authorized to enter on behalf of the state into an agreement with the commissioner of Social Security, consistent with the terms and provisions of this Chapter, for the purpose of extending the benefits of the federal old age, survivors, disability insurance, and health insurance coverage to employees of the state or any political subdivision thereof, or of any instrumentality of any one or more of the foregoing, with respect to services specified in such agreement, which constitute "employment" as defined in R.S. 42:1002. Such agreement may contain such provisions relating to coverage, benefits, effective date, modification of the agreement, administration, and other appropriate provisions as the Department of the Treasury and the commissioner of Social Security shall agree upon, but, except as may be otherwise required by or under applicable federal law as to the services to be covered, such agreement shall provide in effect that:
(1) Benefits will be provided for employees whose services are covered by the agreement (and their dependents and survivors) on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act.1
(2) The employer will pay to the Internal Revenue Service at such time or times as may be prescribed by the applicable federal law or by regulation promulgated thereunder, contributions with respect to wages (as defined in R.S. 42:1002), equal to the sum of the taxes which would be imposed by the Federal Insurance Contributions Act2 if the services covered by the agreement constituted employment within the meaning of that Act.
(3) All services which constitute employment as defined in R.S. 42:1002 and are performed in the employ of the state by employees of the state shall be covered by the agreement.
(4) All services which (a) constitute employment as defined in R.S. 42:1002, (b) are performed in the employ of a political subdivision or in the employ of an instrumentality of either the state or a political subdivision, or both, and (c) are covered by a plan which is in conformity with the terms of the agreement and which has been approved by the Department of the Treasury under R.S. 42:1005 shall be covered by the agreement.
(5) As modified, the agreement shall include all services described in either Paragraph (3) or (4) of this Subsection and shall provide that the service of any such individual shall cease to be covered by the agreement in case he thereafter becomes eligible to be a member of a retirement system (but only if the agreement is not already applicable to such system).
(6) As modified, the agreement shall include all services described in either Paragraph (3) or (4) of this Subsection and performed by individuals in positions covered by a retirement system with respect to which the governor, or his designee, has issued a certificate to the commissioner of Social Security pursuant to R.S. 42:1010(B).
B. Any instrumentality jointly created by this state and any other state or states is hereby authorized, to the extent that this state may confer authority, upon the granting of like authority by such other state or states:
(1) To enter into an agreement with the commissioner of Social Security whereby the benefits of the federal old age, survivors, and disability insurance, and health insurance coverage shall be extended to employees of such instrumentality.
(2) To require its employees to pay (and for that purpose to deduct from their wages) contributions equal to the amounts which they would be required to pay under R.S. 42:1004(A) if they were covered by an agreement made pursuant to Subsection A of this Section.
(3) To make payments to the Internal Revenue Service in accordance with such agreement, including payment from its own funds, and otherwise to comply with such agreement. Such agreement shall, to the extent practicable, be consistent with the terms and provisions of Subsection A of this Section and other provisions of this Chapter.
C. Each and every retirement system which covers positions of employees of one or more institutions of higher learning shall be deemed to constitute a separate retirement system for the employees of each such institution of higher learning and the term "institutions of higher learning" shall include community colleges, junior colleges, and teachers' colleges.
Acts 1952, No. 204, §3. Amended by Acts 1953, Ex.Sess., No. 6, §1; Acts 1955, No. 36, §3; Acts 1958, No. 304, §1; Acts 2004, No. 280, §1, eff. July 1, 2004.
142 U.S.C.A. §401 et seq.
253 Stat. 175 to 179 (I.R.C.1939) §1400 et seq. and 26 U.S.C.A., §3101 et seq. (1954 Act)
A. Every employee of the state whose services are covered by an agreement entered into under R.S. 42:1003 shall be required to pay for the period of such coverage, contributions with respect to wages (as defined in R.S. 42:1002), equal to the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act1 if such services constituted employment within the meaning of that Act. Such liability shall arise in consideration of the employee's retention in the service, or his entry upon such service, after the enactment of this Chapter.
B. The contribution imposed by this Section shall be collected by the employer by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.
Acts 1952, No. 204, §4. Amended by Acts 1955, No. 36, §4; Acts 2004, No. 280, §1, eff. July 1, 2004.
126 U.S.C.A. (I.R.C.1939) §1400 et seq.
A. Each political subdivision of the state and each instrumentality of the state or of a political subdivision, or of both, is hereby authorized to submit for approval by the Department of the Treasury a plan for extending the benefits of Title II of the Social Security Act1, in conformity with applicable federal law, to employees of any such political subdivision or instrumentality. Each such plan or any amendment thereof shall be approved by the Department of the Treasury if it finds that such plan, or such plan as amended, is in conformity with such requirements as are provided in regulations of the Department of the Treasury, except that no such plan shall be approved unless:
(1) It is in conformity with the requirements of the applicable federal law and with the agreement entered into under R.S. 42:1003.
(2) It provides that all services which constitute employment as defined in R.S. 42:1002 and are performed in the employ of the political subdivision or instrumentality, by any employees thereof, shall be covered by the plan.
(3) It specifies the source or sources from which the funds necessary to make the payments required by Paragraph (B)(1) of this Section and by Subsection D2 are expected to be derived and contains reasonable assurance that such sources will be adequate for such purpose.
(4) It provides for such methods of administration of the plan by the political subdivision or instrumentality as are found by the state agency to be necessary for the proper and efficient administration thereof.
(5) It provides that the political subdivision or instrumentality will make such reports, in such form and containing such information, as the state agency may from time to time require, and comply with such provisions as the state agency or the secretary of health, education, and welfare may from time to time find necessary to assure the correctness and verification of such reports.
B.(1) Each political subdivision or instrumentality as to which a plan has been approved under this Section shall pay to the Internal Revenue Service, with respect to wages (as defined in R.S. 42:1002), at such time or times as required by federal law, contributions in the amounts and at the rate specified in the applicable agreement entered into by the Department of the Treasury under R.S. 42:1003.
(2) Every political subdivision or instrumentality required to make payments under Paragraph (1) of this Subsection is authorized, in consideration of the employee's retention in, or entry upon, employment after enactment of this Chapter, to impose upon its employees, as to services which are covered by an approved plan, a contribution with respect to wages (as defined in R.S. 42:1002), not exceeding the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act3 if such services constituted employment within the meaning of that Act, and to deduct the amount of such contribution from the wages as and when paid. Contributions so collected shall be paid to the Internal Revenue Service in partial discharge of the liability of such political subdivision or instrumentality under Paragraph (1) of this Subsection. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.
Acts 1952, No. 204, §5. Amended by Acts 1955, No. 36, §5; Acts 2004, No. 280, §1, eff. July 1, 2004.
142 U.S.C.A. §401 et seq.
2R.S. 42:1005(D) was deleted by Acts 2004, No. 280.
326 U.S.C.A. (I.R.C.1939) §1400 et seq.
Repealed by Acts 2004, No. 280, §2, eff. July 1, 2004.
Repealed by Acts 2004, No. 280, §2, eff. July 1, 2004.
The Department of the Treasury shall make, adopt, and promulgate such rules and regulations, not inconsistent with the provisions of this Chapter, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this Chapter.
Acts 1952, No. 204, §8; Acts 2004, No. 280, §1, eff. July 1, 2004.
The Department of the Treasury may make studies concerning the problem of old age, survivors, disability, and health insurance protection for employees of the state and local governments and their instrumentalities and concerning the operation of agreements made and plans approved under this Chapter and may submit a report to the governor, not later than the first day of February in each year in which regular sessions of the legislature are held, covering the administration and operation of this Chapter during the two preceding calendar years and may make such recommendations for amendments to this Chapter as it deems proper.
Acts 1952, No. 204, §9; Acts 2004, No. 280, §1, eff. July 1, 2004.
A. With respect to each retirement system established by the state the governor is empowered to authorize a referendum, upon request of the board of trustees thereof, and with respect to each retirement system established by a political subdivision or any instrumentality of either the state or a political subdivision, the governor shall authorize a referendum upon request of the governing body of such subdivision or instrumentality; and in either case the referendum shall be conducted, and the governor shall designate an agency or individual to supervise its conduct, in accordance with the requirements of Section 218(d)(3), Section 218(d)(6)(C), and Section 218(d)(7) of the Social Security Act, on the question of whether service in positions covered by a retirement system should be excluded from or included under an agreement under this Chapter. The notice of referendum required by Section 218(d)(3)(C) and Section 218(d)(7)(B) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient, to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject if their services are included under an agreement under this Chapter. The governor may delegate signature authority to the state treasurer, who is the administrator for the state of Louisiana. The state treasurer may delegate the authority to supervise referenda as needed.
B. Upon receiving satisfactory evidence that with respect to any such referendum the conditions specified in Section 218(d)(3) of the Social Security Act have been met, the governor shall so certify to the commissioner of Social Security.
Added by Acts 1955, No. 36, §6; Acts 2004, No. 280, §1, eff. July 1, 2004.
In order to extend on the broadest possible basis to employees of the state and its political subdivisions and to the dependents and survivors of said employees the basic protection accorded to other employees by the federal old age, survivors, disability insurance, and health insurance coverage embodied in the Social Security Act, as amended, an agreement or modification for coverage pursuant to Section 218(d)(3) executed after June 26, 1961, may be made retroactive to a date as early as the first day of the fifth calendar year before the year in which the agreement or modification is executed. An agreement or modification for coverage pursuant to Section 218(d)(6) and Section 218(d)(7) may be made retroactive to a date as early as January 1, 2003.
Acts 1961, No. 27, §1; Acts 2004, No. 280, §1, eff. July 1, 2004.
The sum of $5.00 per day of the regular salary of each and every police official employed by the State of Louisiana is hereby designated as a statutory subsistence allowance within the meaning of Section 120 of the United States Internal Revenue Code of 1954.1
Acts 1958, No. 69, §1.
126 U.S.C.A. (I.R.C.1954) §120.
Each and every political subdivision of the State of Louisiana is hereby authorized, by appropriate ordinance, to designate as a subsistence allowance the sum of $5.00 per day of the regular salary of each and every police official employed by such political subdivision.
Acts 1958, No. 69, §2.
A. Whereas the people of the state of Louisiana have in Article X, Section 21 of the Louisiana Constitution mandated that the legislature enact a code of ethics for officials and employees of this state and its political subdivisions, the legislature does hereby enact a Code of Governmental Ethics.
B. It is essential to the proper operation of democratic government that elected officials and public employees be independent and impartial; that governmental decisions and policy be made in the proper channel of the governmental structure; that public office and employment not be used for private gain other than the remuneration provided by law; and that there be public confidence in the integrity of government. The attainment of one or more of these ends is impaired when a conflict exists between the private interests of an elected official or a public employee and his duties as such. The public interest, therefore, requires that the law protect against such conflicts of interest and that it establish appropriate ethical standards with respect to the conduct of elected officials and public employees without creating unnecessary barriers to public service. It is the purpose of this Chapter to implement these policies and objectives.
Acts 1979, No. 443, §1, eff. April 1, 1980.
Unless the context clearly indicates otherwise, the following words and terms, when used in this Chapter, shall have the following meanings:
(1) "Action of a governmental entity" means any action on the part of a governmental entity or agency thereof including, but not limited to:
(a) Any decision, determination, finding, ruling, or order, including the judgment or verdict of a court or a quasi-judicial board, in which the governmental entity or any of its agencies has an interest, except in such matters involving criminal prosecutions.
(b) Any grant, payment, award, license, contract, transaction, decision, sanction, or approval, or the denial thereof, or the failure to act with respect thereto; and in which the governmental entity or any of its agencies has an interest, except in matters involving criminal prosecutions.
(c) As the term relates to a public servant of the state, any disposition of any matter by the legislature or any committee thereof; and as the term relates to a public servant of a political subdivision, any disposition of any matter by the governing authority or any committee thereof.
(2)(a) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. For purposes of this Chapter, "agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean:
(i) For public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities; except that in the case of the secretary, deputy secretary, or undersecretary of any such department and officials carrying out the responsibilities of such department officers it shall mean the department in which he serves; and except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission.
(ii) For the governor and lieutenant governor, it shall mean the executive branch of state government.
(iii) For public servants in the office of the governor or the lieutenant governor it shall mean their respective offices.
(iv) For public servants in the legislative branch of state government, it shall mean the agency or house of the legislature by which a public employee is employed and the legislative branch in the case of legislators.
(v) For public employees, except judges, of the supreme court, courts of appeal, district courts, and other courts authorized by Article V of the Constitution of 1974, it shall mean the court in which the public employee serves and any other court in which decisions of that court may be reviewed.
(vi) For public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
(b) The board may adopt rules and regulations to provide for the application of this definition.
(3) "Agency head" means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
(4) "Assist" means to act in such a way as to help, advise, furnish information to, or aid a person with the intent to assist such person.
(5) "Board" means the Board of Ethics.
(6) "Compensation" means any thing of economic value which is paid, loaned, granted, given, donated, or transferred or to be paid, loaned, granted, given, donated, or transferred for or in consideration of personal services to any person.
(7) "Controlling interest" means any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
(8) "Elected official" means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. It shall also include any person appointed to fill a vacancy in such offices.
(9) "Ethics body" means the Board of Ethics.
(10) "Governing authority" means the body which exercises the legislative functions of a political subdivision.
(11) "Governmental entity" means the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
(12) "Immediate family" as the term relates to a public servant means his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
(13) "Legislator" means any person holding office in the Senate or the House of Representatives of the Louisiana Legislature which is filled by the vote of the appropriate electorate.
(14) "Participate" means to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
(15) "Person" means an individual or legal entity other than a governmental entity, or an agency thereof.
(16) "Political subdivision" means any unit of local government, including a special district, authorized by law to perform governmental functions.
(17)(a) "Public employee" means anyone, whether compensated or not, who is:
(i) An administrative officer or official of a governmental entity who is not filling an elective office.
(ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof.
(iii) Engaged in the performance of a governmental function.
(iv) Under the supervision or authority of an elected official or another employee of the governmental entity.
(b) However, "public employee" shall not mean a person whose public service is limited to the following:
(i) Periodic duty in the National Guard pursuant to 32 U.S.C. 502.
(ii) A contract to provide attest services as a certified public accountant.
(iii) Volunteering as described in R.S. 29:735.3.1(A).
(c) A public employee shall be in such status on days on which he performs no services as well as days on which he performs services. The termination of any particular term of employment of a public employee shall take effect on the day the termination is clearly evidenced.
(18) "Public servant" means a public employee or an elected official.
(19) "Public speech" means a speech, or other oral presentation, including a panel discussion, or radio or television appearance before the public at large, or before any civic, political, religious, or educational group or organization or an organization qualified for an exemption from federal income tax under Section 501 of the Internal Revenue Code by a member of the legislature in his capacity as a legislator.
(20)(a) "Reasonable transportation", with reference to employees in the legislative branch of state government only, means transportation organized primarily for educational or for informational purposes, including on-site inspections, to any state, territory, or commonwealth of the United States, to the territorial waters of Louisiana, and to any offshore structure located on the outer continental shelf seaward of such territorial waters and offshore of Louisiana, if such transportation is for official legislative purposes and receives prior approval from the presiding officer of the respective house by which such legislative employee is employed.
(b) "Reasonable transportation", with reference to legislators only, means transportation:
(i) Organized primarily for educational or for informational purposes, including on-site inspections, to any state, territory, or commonwealth of the United States, to the territorial waters of Louisiana, and to any offshore structure located on the outer continental shelf seaward of such territorial waters and offshore of Louisiana.
(ii) Organized primarily for entertainment purposes incidental to food, drink, or refreshments to any point within this state that is within a fifty-mile radius of the perimeter of the legislator's district, or within a fifty-mile radius of the perimeter of the parish wherein the state capitol is located.
(iii) Organized primarily for making a public speech from the legislator's home or the capitol, to and from the site of the public speech from the sponsoring group or organization, provided that the public speech is given in any state, territory, or commonwealth of the United States or any country in North America.
(21) "Regulatory employee" means a public employee who performs the function of regulating, monitoring, or enforcing regulations of any agency.
(22) "Responsibility" in connection with a transaction involving a governmental entity means the direct administration or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through or with others or subordinates, to effectively direct action of the governmental entity, as the case may be, in respect to such transaction.
(23) "Service" means the performance of work, duties, or responsibilities, or the leasing, rental, or sale of movable or immovable property.
(24) "Substantial economic interest" means an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except:
(a) The interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office.
(b) The interest that an elected official who is elected to a house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter.
(c) The interest that a person has as a member of the general public.
(25)(a) "Thing of economic value" means money or any other thing having economic value, and includes but is not limited to:
(i) Any loan, except a bona fide loan made by a duly licensed lending institution at the normal rate of interest, any property interest, interest in a contract, merchandise, service, and any employment or other arrangement involving a right to compensation.
(ii) Any option to obtain a thing of economic value, irrespective of the conditions to the exercise of such option.
(iii) Any promise or undertaking for the present or future delivery or procurement of a thing of economic value.
(b) In the case of an option, promise, or undertaking, the time of receipt of the thing of economic value shall be deemed to be, respectively, the time the right to the option becomes fixed, regardless of the conditions to its exercise, and the time when the promise or undertaking is made, regardless of the conditions to its performance.
(c) Things of economic value shall not include any of the following:
(i) Salary and related benefits of the public employee due to his public employment or salary and other emoluments of the office held by the elected official. Salary and related benefits of public employees of higher education institutions, boards, or systems shall include any supplementary compensation, use of property, or other benefits provided to such employees from funds or property accruing to the benefit of the institution, board, or system, as approved by the appropriate policy or management board, from an alumni organization recognized by the management board of a college or university within the state or from a foundation organized by the alumni or other supportive individuals of a college or university within the state the charter of which specifically provides that the purpose of the foundation is to aid said college or university in a philanthropic manner.
(ii) Promotional items having no substantial resale value.
(iii) Pharmaceutical samples, medical devices, medical foods, and infant formulas in compliance with the Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., provided to a physician, health care professional, or appropriate public employee for the administration or dispensation to a patient at no cost to the patient.
(iv) Food, drink, or refreshments consumed by a public servant, including reasonable transportation and entertainment incidental thereto, while the personal guest of some person.
(v) With reference to legislators and employees in the legislative branch of state government only, reasonable transportation when organized primarily for educational or informational purposes, including on-site inspections, and including food and drink incidental thereto.
(vi) With reference to legislators only, reasonable transportation organized primarily for making a public speech.
(26) "Transaction involving the governmental entity" means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know:
(a) Is, or will be, the subject of action by the governmental entity.
(b) Is one to which the governmental entity is or will be a party.
(c) Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
Acts 1979, No. 443, §1, eff. April 1, 1980. Amended by Acts 1980, No. 838, §1; Acts 1983, No. 403, §1; Acts 1985, No. 491, §1; Acts 1986, No. 359, §1; Acts 1988, No. 144, §1; Acts 1990, No. 687, §1, eff. July 20, 1990; Acts 1996, 1st Ex. Sess., No. 64, §§6, 10, eff. Jan. 1, 1997; Acts 1996, 1st Ex. Sess., No. 66, §5, eff. Jan. 1, 1997; Acts 1998, 1st Ex. Sess., No. 163, §1; Acts 1999, No. 418, §1; Acts 1999, No. 851, §1; Acts 1999, No. 1204, §1, eff. Jan. 1, 2000; Acts 2006, No. 408, §1; Acts 2006, No. 496, §1, eff. June 22, 2006; Acts 2006, No. 524, §1, eff. June 22, 2006; Acts 2008, No. 609, §1, eff. June 30, 2008; Acts 2013, No. 413, §1, eff. June 21, 2013; Acts 2018, No. 548, §4; Acts 2025, No. 301, §1, eff. June 11, 2025.
A. Payments for services to the governmental entity.
(1)(a) No public servant shall receive anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
(b) Any supplementary compensation or benefits provided to an employee of a public higher education institution, board, or system from funds or property accruing to the benefit of the institution, board, or system as approved by the appropriate policy or management board, through an alumni organization recognized by the management board of a college or university within the state or through a foundation organized by the alumni or other supportive individuals of a college or university within the state the charter of which specifically provides that the purpose of the foundation is to aid said college or university in a philanthropic manner shall be deemed for purposes of this Subsection as compensation and benefits from the government to which he is duly entitled.
(c) Any supplementary compensation or benefits provided to the director of the Louisiana State Museum as approved by the board of directors of the Louisiana State Museum through the board or a foundation organized to support any particular museum under the jurisdiction of the Louisiana State Museum whose charter specifically provides that the purpose of the foundation is to aid the museum in a philanthropic manner shall be deemed for purposes of this Subsection as compensation and benefits from the government to which he is duly entitled.
(2) Any supplementary compensation or benefits provided to the commissioner of higher education or to an employee of the Board of Regents from funds or property accruing to the benefit of the board as approved by appropriate policy through a foundation organized to support higher education, including the Board of Regents, the charter of which specifically provides that the purpose of the foundation is to aid higher education in a philanthropic manner shall be deemed for purposes of this Subsection as compensation and benefits from the government to which he is duly entitled.
(3) Any supplementary compensation or benefits provided to a member of the faculty, administration, or staff of the New Orleans Center for Creative Arts or the Jimmy D. Long, Sr. Louisiana School for Math, Science, and the Arts from funds or property accruing to the benefit of the center or school pursuant to the approval of the board of directors for use as provided in R.S. 17:1968 or 1970.27 through a foundation organized to support the center or school which is chartered specifically to provide aid to the center in a philanthropic manner shall be deemed for purposes of this Subsection as a supplement to his compensation to which he is duly entitled. Such a supplement shall not, however, be considered as regular compensation from his governmental employer nor shall it form any basis for governmentally supported benefits.
(4) Up to five thousand dollars per year to be credited against qualified student loan debt that is provided to a former law student who is an attorney and a public employee through a bona fide Loan Repayment Assistance Program established as a qualified program under the federal Internal Revenue Code and administered by any law school using funds or property accruing to the benefit of the law school or from a foundation which is organized specifically to aid and support the programs of the law school and the charter of which specifically provides that the purpose of the foundation is to aid the law school in a philanthropic manner shall be deemed for purposes of this Subsection as a supplement to his compensation to which he is duly entitled. However, such a supplement shall not be considered regular compensation from the governmental entity which employs him, nor shall it be the basis for governmentally supported benefits.
(5) Any compensation paid to any public school teacher or administrator, including kindergarten through the twelfth grade and postsecondary education instructional faculty and administrators, for proctoring and assisting a bona fide non-profit testing organization in the administration of standardized tests either for student evaluation or for use in admission to college or other educational programs shall be deemed for purposes of this Part as compensation from his governmental entity to which he is duly entitled. Such compensation shall not, however, be considered as regular compensation from his governmental entity nor shall it form any basis for governmentally supported benefits. Moreover, such services shall be deemed for purposes of this Part to be performed for the benefit of his governmental entity, although the time spent in such matters shall not be deemed as hours worked for his governmental entity.
(6) Any award or stipend provided to any public school teacher or administrator for his participation in the National Math and Science Initiative, shall be deemed for purposes of this Part as compensation from his governmental entity to which he is duly entitled. Such an award or stipend shall not be considered regular compensation from his governmental entity nor shall it form any basis for governmentally supported benefits. For the purposes of this Part, the services for which the award or stipend is received shall be deemed to be performed for the benefit of the public school teacher's or administrator's governmental entity.
(7) Any compensation paid to any public school teacher, administrator, or supervisor, including kindergarten through the twelfth grade and postsecondary education instructional faculty and administrators from any agency participating in a state or statewide public retirement system shall be deemed for purposes of this Part as compensation from his governmental entity to which he is duly entitled. Such services shall be deemed for purposes of this Part to be performed for the benefit of his governmental entity, although the time spent in such matters shall not be deemed as hours worked for his governmental entity.
(8) Any award or stipend provided to any public school teacher or administrator for his participation with any nonprofit provider of teacher or public-school administrator certification, shall be deemed for purposes of this Part as compensation from his governmental entity to which he is duly entitled. For the purposes of this Part, the services for which the award or stipend is received shall be deemed to be performed for the benefit of the public school.
(9) Any stipend provided to any public school athletic trainer for services performed for the benefit of his governmental entity paid for by a private entity that provides for the health and safety of student athletes and that does not receive third party reimbursements shall be deemed for purposes of this Part as compensation from his governmental entity to which he is duly entitled.
B. Finder's fees. No public servant shall receive any thing of economic value from a person to whom the public servant has directed business of the governmental entity.
C. Payments for nonpublic service.
(1) No public servant shall receive any thing of economic value for any service, the subject matter of which:
(a) Is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated; or
(b) Draws substantially upon official data or ideas which have not become part of the body of public information.
(2) No public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are:
(a) Bona fide and actually performed by the public servant or by the entity;
(b) Not within the course of his official duties;
(c) Not prohibited by R.S. 42:1112 or by applicable laws or regulations governing nonpublic employment for such public servant; and
(d) Neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
(3)(a) Notwithstanding any other provision of the law to the contrary, and specifically the provisions of this Section, an employee of the office of the clerk of court may research public records, prepare chains of title, or perform any other title abstract related work, for compensation from nonpublic sources, with the approval of the clerk of court, provided such services are not performed during the employee's assigned working hours and do not interfere with the performance of his assigned duties.
(b) No clerk of court shall receive any compensation or any portion of compensation received by any employee from nonpublic sources for the performance of any services related to the preparation of chains of title or any other title abstract related work approved by the clerk of court to be done by an employee during his nonworking hours.
(c) A willful violation of this Paragraph shall subject the clerk of court to a conviction of a misdemeanor and a fine of not less than five hundred dollars nor more than two thousand dollars.
(d) The clerk of court of each parish in conjunction with the parish governing authority shall promulgate rules and regulations for the use of its facilities, records, and equipment by all abstractors, including deputy clerks, regarding availability, costs, and procedures.
(4) Notwithstanding the provisions of Subparagraph (2)(d) of this Subsection, an elected official shall not be prohibited for a period of not more than ninety days following the first day of his initial term of office from receiving compensation from a person from whom he would be prohibited by R.S. 42:1115(A)(1) from receiving a gift for the completion while in office of any contract or subcontract which was entered into prior to his initial election to office, provided that such contract or subcontract is written and includes established terms for compensation and completion and that such contract or subcontract shall not be renewed after his initial election. Within thirty days of taking office, the elected official shall file a written notice of such contract or subcontract with his governmental entity and the Board of Ethics, setting forth the nature of the contract or subcontract, the established completion date, and the established compensation therefor.
(5)(a) Notwithstanding the provisions of Subparagraph (2)(d) of this Subsection, the spouse of a public servant may continue employment with a person who has or is seeking a contractual or other business or financial relationship with the public servant's agency provided all of the following conditions are met:
(i) The spouse is a salaried or wage-earning employee and has been continuously employed by the person for at least one year prior to the date the compensated employment would have otherwise initially been prohibited.
(ii) The compensation of the spouse is substantially unaffected by a contractual or other business or financial relationship with the public servant's agency.
(iii) Neither the public servant nor the spouse is an owner, officer, director, trustee, or partner in the legal entity which has or is seeking to have the relationship with the public servant's agency.
(iv) The public servant recuses or disqualifies himself from participating in any transaction involving the spouse's employer in accordance with R.S. 42:1112 and related rules and regulations.
(v) Either prior to or within ten business days of the date the compensated employment would otherwise be prohibited, the spouse and the public servant jointly file with the Board of Ethics a written notice containing a brief description of the nature of the contractual, business, or financial relationship with the public servant's agency, the date the spouse was employed by the person, and any other information required by the board.
(vi) The spouse complies with the disclosure requirements in R.S. 42:1114.
(b) The provisions of this Paragraph shall not apply to members of the legislature.
(6) Notwithstanding the provisions of Subparagraph (2)(d) of this Subsection, a member of a school board or parish or municipal governing authority may continue employment with a person who has or is seeking a contractual or other business or financial relationship with his governmental entity or an agency under the jurisdiction or supervision of his governmental entity, provided that all of the following conditions are met:
(a) The member is a salaried or wage-earning employee of his employer.
(b) The compensation of the member is substantially unaffected by his employer's contractual or other business or financial relationship with his governmental entity or other agency under the jurisdiction or supervision of his governmental entity.
(c) The member is not an officer, director, trustee, or partner of his employer.
(d) The member does not own an interest which exceeds one percent of the legal entity which employs him.
(e) The member does not participate in any transaction with his governmental entity or agency under the jurisdiction or supervision of his governmental entity, including recusing himself from any vote, involving his employer.
(f) The member complies with the disclosure requirements in R.S. 42:1114.
D. Payments for future services. No public servant shall receive, directly or indirectly, any thing of economic value during the term of his public service in consideration of personal services to be rendered to or for any person subsequent to the term of such public service; however, a public servant may enter into a contract for prospective employment during the term of his public service unless otherwise prohibited by R.S. 42:1116.
E. Payments for rendering assistance to certain persons.
(1) No public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
(2)(a) No elected official of a governmental entity shall receive or agree to receive any thing of economic value for assisting a person in a transaction or in an appearance in connection with a transaction with the governmental entity or its officials or agencies, unless he files a written statement with the board prior to or within ten days after initial assistance is rendered.
(b) For purposes of this Paragraph, "transaction" shall not include a ministerial transaction. "Ministerial transaction" means a transaction that involves routine, administrative communications intended to obtain service, information, or assistance from a public employee whose duties are established in plain and unmistakable terms by law, rule, or regulation.
(c) The contents of the written statement required by this Paragraph shall be prescribed by the board and shall include a certification by the elected official filing it that the information contained in the statement is true and correct to the best of his knowledge, information, and belief. The statement shall be a public record.
(d) The board shall review all statements filed in accordance with this Paragraph. If the board determines that a statement is deficient or may suggest a possible violation of this Part, it shall, no later than the second regularly scheduled meeting of the board following the receipt of such statement, notify the elected official filing the statement of its findings. Such notification shall be deemed confidential and privileged and shall be made public only in connection with a public hearing by the board for an alleged violation of this Part where such would be relevant to the alleged violation for which the elected official is being investigated.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1983, No. 403, §1; Acts 1983, No. 697, §1; Acts 1986, No. 359, §1; Acts 1992, No. 1123, §1; Acts 1995, No. 74, §1, eff. June 12, 1995; Acts 2004, No. 722, §1; Acts 2006, No. 517, §1, eff. June 22, 2006; Acts 2006, No. 773, §1, eff. June 30, 2006; Acts 2008, No. 245, §1; Acts 2008, No. 690, §1; Acts 2010, No. 525, §4, eff. June 24, 2010; Acts 2014, No. 227, §1, eff. May 28, 2014; Acts 2015, No. 263, §2, eff. Jan. 12, 2016; Acts 2017, No. 388, §1, eff. June 23, 2017; Acts 2018, No. 183, §1, eff. Jan. 1, 2019; Acts 2020, No. 233, §1; Acts 2021, No. 272, §1, eff. June 15, 2021; Acts 2022, No. 348, §1; Acts 2024, No. 492, §1, eff. June 5, 2024; Acts 2025, No. 301, §1, eff. June 11, 2025.
A. Notwithstanding any contrary provision of this Part, during the time period extending from the date of a gubernatorially declared disaster or emergency and ending on the date five years after the date the gubernatorially declared disaster or emergency was initially declared by the governor, a public servant may receive any thing of economic value as a contribution or donation from a not-for-profit organization or a fund within a not-for-profit organization for the purpose of disaster aid or relief to offset any economic losses suffered by the public servant as a result of the gubernatorially declared disaster or emergency, provided that the total value of contributions or donations received by the public servant related to the gubernatorially declared disaster or emergency from not-for-profit organizations or funds within not-for-profit organizations shall not exceed twenty-five thousand dollars.
B. Each not-for-profit organization which disburses, either directly or through a fund, a contribution or donation to a public servant that, except for the provisions of Subsection A of this Section, would otherwise be prohibited by this Part shall utilize objective criteria in both evaluating the need for and the disbursement of contributions or donations to public servants to ensure that fair and equitable disbursements are made and that the disbursements are based upon demonstrated and documented needs directly related to the gubernatorially declared disaster or emergency.
C. Not later than February fifteenth of each year following a year that a not-for-profit organization has given, either directly or through a fund, a contribution or donation to a public servant that, except for the provisions of Subsection A of this Section, would otherwise be prohibited by this Part, the not-for-profit organization shall file a report with the Board of Ethics containing the identification of the gubernatorially declared disaster associated with the contribution or donation, the objective criteria utilized as required by Subsection B of this Section, the name of each public servant to whom a contribution or donation was given, the name of the agency of each such public servant, the nature of the donation or contribution given to each such public servant, and the value of the donation or contribution given to each such public servant.
Acts 2017, No. 30, §1, eff. June 3, 2017.
A. No public servant, except as provided in R.S. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
B. No public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest:
(1) Any member of his immediate family.
(2) Any person in which he has a substantial economic interest of which he may reasonably be expected to know.
(3) Any person of which he is an officer, director, trustee, partner, or employee.
(4) Any person with whom he is negotiating or has an arrangement concerning prospective employment.
(5) Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
C. Every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this Part would result. The procedures for such disqualification shall be established by regulations issued pursuant to R.S. 42:1134(A)(1).
D. No appointed member of any board or commission, except as otherwise provided in R.S. 42:1120.4, shall participate or be interested in any transaction involving the agency when a violation of this Part would result.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1983, No. 697, §1; Acts 1985, No. 426, §2; Acts 1987, No. 370, §1; Acts 2006, No. 798, §1, eff. June 30, 2006; Acts 2008, No. 685, §1; Acts 2018, No. 534, §2.
Notwithstanding the provisions of R.S. 42:1111(C)(2)(d), a licensed attorney who serves as a member of a civil service commission and any legal entity in which he exercises control or owns an interest may receive a thing of economic value for or in consideration of legal services rendered or to be rendered to a classified employee under the jurisdiction of the civil service commission if the legal services rendered or to be rendered do not involve a matter that is under the supervision or jurisdiction of the civil service commission. Such a civil service commission member shall recuse himself from participating in any matter before the civil service commission involving any classified employee to whom he or any legal entity in which he exercises control or owns an interest is rendering legal services.
Acts 2016, No. 518, §1.
A.(1)(a) No public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
(b) This Paragraph does not prohibit a municipal or parish governing authority from appointing one of its members:
(i) To fill a vacancy in accordance with the Louisiana Election Code. No person so appointed, except as provided in R.S. 42:1121(G), shall be eligible to or shall qualify in the next election as a candidate for the office to which he is appointed.
(ii) To a board or commission for which the governing authority is the appropriate appointing authority and the appointee receives no salary or per diem for service on the board or commission, or if a member of the governing authority is required to be appointed to the board or commission by the home rule charter, ordinance, or resolution which created or established the board or commission.
(c)(i) This Paragraph shall not prohibit a public servant, any member of the public servant's immediate family, or a legal entity in which the public servant has an interest from obtaining basic governmental services from his agency, or entering into transactions arising from the administration or enforcement of basic governmental regulations by his agency, which services or regulations are applicable to members of the general public.
(ii) For purposes of this Section, "basic governmental services" shall include water, sewer, solid waste disposal, police protection, fire protection, public education, recreation, and other similar services afforded to the general public.
(iii) For purposes of this Section, "basic governmental regulations" include taxation, permitting, licensing, inspections, code enforcement, law enforcement, and other similar regulations applicable to the general public.
(2) No head of a department listed in R.S. 36:4(A) who is appointed by the governor or lieutenant governor shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of any agency to which funds have been transferred from the agency of such department head, but such prohibition shall apply only to any contract, subcontract, or transaction related to such funds.
B. Other than a legislator, no appointed member of any board or commission, member of his immediate family, or legal entity in which the appointed member has a substantial economic interest shall bid on, enter into, or have a substantial economic interest in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
C. No legislator, member of his immediate family, or legal entity in which the legislator has a controlling interest shall bid on, enter into, or have a substantial economic interest in any contract, subcontract, or other transaction involving the legislator's agency.
D.(1)(a)(i) No person identified in Item (ii) of this Subparagraph or the spouse of such person nor any legal entity of a person shall enter into any contract with state government.
(ii) The provisions of this Subparagraph and other provisions which reference this Item shall apply to the following persons:
(aa) A legislator and any person who has been certified by the secretary of state as elected to the legislature.
(bb) The governor and each person holding statewide elected office.
(cc) The secretary, deputy secretary, undersecretary, and each assistant secretary, or the equivalent position of Louisiana Economic Development.
(dd) The secretary, deputy secretary, undersecretary, and each assistant secretary, or the equivalent position of the Department of Culture, Recreation and Tourism.
(ee) The secretary, deputy secretary, undersecretary, and each assistant secretary, or the equivalent position of the Department of Environmental Quality.
(ff) The secretary, deputy secretary, undersecretary, and each assistant secretary, or the equivalent position of the Louisiana Department of Health.
(gg) The secretary, deputy secretary, undersecretary, and each assistant secretary, or the equivalent position of Louisiana Works.
(hh) The secretary, deputy secretary, undersecretary, and each assistant secretary, or the equivalent position of the Department of Conservation and Energy.
(ii) The secretary, deputy secretary, undersecretary, and each assistant secretary, or the equivalent position of the Department of Public Safety and Corrections and any warden or assistant warden of a state penal institution.
(jj) The secretary, deputy secretary, undersecretary, and each assistant secretary, or the equivalent position of the Department of Revenue.
(kk) The secretary, deputy secretary, undersecretary, and each assistant secretary, or the equivalent position of the Department of Children and Family Services.
(ll) The secretary, deputy secretary, undersecretary, and each assistant secretary, or the equivalent position of the Department of Transportation and Development.
(mm) The secretary, deputy secretary, undersecretary, and each assistant secretary, or the equivalent position of the Department of Wildlife and Fisheries.
(nn) The secretary, deputy secretary, undersecretary, and each assistant secretary, or the equivalent position of the Department of Veterans Affairs.
(oo) The executive secretary of the Public Service Commission.
(pp) The director of state civil service.
(qq) Each member of the State Board of Elementary and Secondary Education.
(rr) The commissioner of higher education and the president of each public postsecondary education system.
(ss) Each member of the Board of Ethics and the ethics administrator.
(tt) The chief of staff to the governor.
(uu) The commissioner of the division of administration.
(vv) The executive counsel to the governor.
(ww) The legislative director for the governor.
(xx) The deputy chief of staff to the governor.
(yy) The director of policy for the governor.
(zz) The assistant commissioner for management and finance, the deputy commissioner, the confidential assistant, and each assistant commissioner of the Department of Agriculture and Forestry.
(aaa) The superintendent of education, the deputy superintendent of education, the deputy superintendent for management and finance, and each assistant superintendent of the Department of Education.
(bbb) The chief deputy commissioner, each deputy commissioner, the assistant commissioner, and the executive counsel of the Department of Insurance.
(ccc) The first assistant attorney general of the Department of Justice.
(ddd) The deputy secretary of the Department of State, the deputy secretary for the office of the Uniform Commercial Code, and the deputy secretary for the office of GeauxBiz or his successor.
(eee) Each deputy state treasurer and each assistant state treasurer of the Department of the Treasury.
(iii) For purposes of this Subsection, "legal entity of a person" means any corporation, partnership, or other legal entity in which a person identified in Item (ii) of this Subparagraph or the spouse of such person owns an interest of greater than five percent, except a publicly traded corporation or a legal entity in which the person owns a passive ownership interest that is the result of participation in a federally approved program of employee ownership.
(iv) For purposes of this Subsection,"legal entity of a family member" means any corporation, partnership, or other legal entity in which an immediate family member of a person identified in Item (ii) of this Subparagraph, except the spouse of such a person, owns an interest of greater than five percent, except a publicly traded corporation or a legal entity in which the immediate family member owns a passive ownership interest that is the result of participation in a federally approved program of employee ownership.
(v) For purposes of this Subsection, "state government" means any branch, agency, department, or institution of state government or with the Louisiana Insurance Guaranty Association, the Louisiana Health Insurance Guaranty Association, or any other state quasi public entity created in law.
(b)(i) No immediate family member, except the spouse, of a person identified in Item (a)(ii) of this Paragraph, nor any legal entity of a family member shall enter into any contract with state government unless the contract is awarded by competitive bidding after being advertised and awarded in accordance with Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950 or is competitively negotiated through a request for proposal process or any similar competitive selection process in accordance with Chapter 16 or 17 of Title 39 of the Louisiana Revised Statutes of 1950; however, this exception for competitively negotiated contracts shall not include contracts for consulting services.
(ii) The provisions of this Subparagraph shall not prohibit a contract for professional services entered into with the attorney general which is based on criteria set forth by the office of risk management.
(c) The following shall not be considered a contract for purposes of this Subsection:
(i) A foster parent provider agreement or a child care provider agreement entered into with the Department of Children and Family Services. In addition, such an agreement shall not be subject to R.S. 42:1111(E)(2)(a).
(ii) An agreement with a state entity or state quasi-public entity for housing, medical treatment, retirement benefits, or insurance benefits provided on the same terms and conditions available to similarly situated persons.
(iii) An agreement providing for public assistance benefits, including but not limited to subsidies for agriculture, aquaculture, forestry, soil and water conservation, educational scholarships, grants and subsidies, or guaranteed student loans, provided that such benefits are available to similarly situated persons.
(iv) An agreement for which the compensation is solely reimbursement of costs.
(v) Applying for, payment of fees for, or obtaining a license, credential, or permit provided that such license, credential, or permit is available to similarly situated persons.
(vi) The payment of admission fees.
(vii) The sale of property pursuant to the expropriation of immovable property by any branch, agency, department, or institution of state government.
(viii) The donation of professional veterinary services and the donation of any goods and services related to the provision of such veterinary services.
(ix) Any transaction valued at two thousand five hundred dollars or less. However, no person shall enter into separate transactions valued at two thousand five hundred dollars or less as a subterfuge to avoid the prohibition of this Subsection.
(2) The provisions of this Subsection shall not prohibit the following:
(a) Contracts for employment in a professional educational capacity in or for professional services for an elementary or secondary school or other educational institution.
(b) A provider agreement entered into with the Louisiana Department of Health under the state medical assistance program or the early steps program, a contract with an early steps program provider, or a provider contract entered into with any plan providing Medicaid services to Medicaid recipients.
(c) Contracts of employment of a physician or other licensed health care professional with the state or the charity hospitals of the state or the Louisiana Department of Health.
(d) Except as otherwise specifically provided for in this Paragraph, completion of any contract which, at the time it was entered into, was not prohibited by the provisions of this Subsection; however, no such contract shall be renewed except that a contract containing an option by state government to extend the contract may be renewed if all of the following apply:
(i) The option is at state government's discretion.
(ii) The contract renewal does not change the initial terms of the contract, including the services provided and the price.
(iii) State government is not otherwise prohibited from exercising the option to extend the term of the contract.
(e)(i) Completion of any contract between a person identified in Item (1)(a)(ii) of this Subsection or his spouse or a legal entity of a person and state government, which contract was awarded by competitive bidding after being advertised and awarded in accordance with Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, or competitively negotiated through a request for proposal process or any similar competitive selection process in accordance with Chapter 16 or 17 of Title 39 of the Louisiana Revised Statutes of 1950 or which contract, other than a contract for consulting services, was not competitively negotiated through a request for proposal process or any similar competitive selection process in accordance with Chapter 16 or 17 of Title 39 of the Louisiana Revised Statutes of 1950, and which contract was entered into prior to March 3, 2008; however, no such contract shall be renewed for a period extending beyond January 9, 2012.
(ii) Completion of any contract between the immediate family member, except for a spouse, of a person identified in Item (1)(a)(ii) of this Subsection or a legal entity of a family member and state government, which contract was not awarded by competitive bidding after being advertised and awarded in accordance with Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950 or which contract, other than a contract for consulting services, was not competitively negotiated through a request for proposal process or any similar competitive selection process in accordance with Chapter 16 or 17 of Title 39 of the Louisiana Revised Statutes of 1950, and which contract was entered into prior to March 3, 2008; however, no such contract shall be renewed for a period extending beyond January 9, 2012.
(f) Contracts for employment or for services by any licensed health care professional providing services in the classroom or working with administration in an elementary or secondary school or other educational institution.
(g) Contracts for services by health care professionals which are required by federal or state law to provide an educational program for students in an elementary or secondary school or other educational institution.
(h) A contract for professional services entered into by a person selected pursuant to Part VII of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950 with any agency or entity of state government with which such person had a contract for professional services pursuant to Part VII of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950 at any time prior to March 3, 2008, or at any time prior to the initiation of the public service which made the person subject to the provisions of this Subsection; however, no contract for such professional services shall be entered into after January 8, 2012.
(i) A health care provider contract by a physician or other licensed health care provider with the Office of Group Benefits to provide medical, surgical, and hospital services or medical equipment or pharmaceuticals at a reduced rate for members of the Office of Group Benefits Program as the sole reimbursement for such medical services, treatment, or health care.
(3)(a) No person formerly serving in a position identified in Item (1)(a)(ii) of this Subsection nor his spouse nor any legal entity of a person shall, for a period of one year following the termination of the public service of such person enter into a contract that would have been prohibited by this Subsection prior to the termination of the public service of such person. The provisions of this Paragraph shall not prohibit the renewal of a contract that was not prohibited prior to March 3, 2008.
(b) The provisions of this Paragraph shall not apply to a person, to the spouse of a person, nor to a legal entity of a person if the public service of the person terminated prior to March 3, 2008. However, the provisions of this Paragraph shall apply to a person, to the spouse of a person, and to a legal entity of a person if the person served in an office or position identified in Item (1)(a)(ii) of this Subsection on or after March 3, 2008.
(4)(a) Each person identified in Item (1)(a)(ii) of this Subsection shall file a report with the Board of Ethics, by May fifteenth of each year of his term of office or of his service in his position, identifying the parties to and the value and term of each contract between him or his spouse or legal entity of a person and state government during the previous calendar year.
(b) Each immediate family member, except a spouse, of a person identified in Item (1)(a)(ii) of this Subsection shall file a report with the Board of Ethics by May fifteenth of each year of the person's term of office or of the person's service in his position identifying the parties to and the value and term of each contract between the immediate family member or any legal entity of a family member and state government during the previous calendar year.
(c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this Paragraph, the first report due pursuant to the provisions of this Subsection shall be due by May 15, 2009, and shall include the information required by this Paragraph for the period between and including March 3, 2008, and December 31, 2008.
(5) If any provision of this Subsection conflicts with any other provision of this Section, the more restrictive provision shall govern.
(6) The provisions of Item (1)(a)(i) and Subparagraph (1)(b) of this Subsection, and other provisions which reference these provisions of law shall not apply to the spouses and immediate family members of the deputy secretaries, undersecretaries, assistant secretaries, or equivalent positions in the following agencies:
(a) Louisiana Economic Development.
(b) Department of Culture, Recreation and Tourism.
(c) Department of Environmental Quality.
(d) Louisiana Department of Health.
(e) Louisiana Works.
(f) Department of Conservation and Energy.
(g) Department of Public Safety and Corrections.
(h) Department of Revenue.
(i) Department of Children and Family Services.
(j) Department of Transportation and Development.
(k) Department of Wildlife and Fisheries.
(l) Department of Veterans Affairs.
(m) Department of Agriculture and Forestry.
(n) Department of Education.
(o) Department of Insurance.
(p) Department of Justice.
(q) Department of State.
(r) Department of Treasury.
E. Repealed by Acts 2008, No. 514, §3, June 30, 2008.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1984, No. 830, §1; Acts 1987, No. 730, §1; Acts 1995, No. 1156, §1; Acts 1997, No. 1279, §1, eff. July 15, 1997; Acts 1998, 1st Ex. Sess., No. 119, §1, eff. May 5, 1998; Acts 2003, No. 1002, §1, eff. July 2, 2003; Acts 2008, 1st Ex. Sess., No. 2, §1, eff. March 3, 2008; Acts 2008, No. 514, §§1,3, eff. June 30, 2008; Acts 2008, No. 696, §1, eff. July 2, 2008; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2009, No. 308, §1; Acts 2012, No. 689, §1, eff. June 7, 2012; Acts 2023, No. 150, §16, eff. Jan. 10, 2024; Acts 2024, No. 223, §1, eff. May 23, 2024; Acts 2025, No. 301, §1, eff. June 11, 2025.
NOTE: See Acts 2008, No. 514, §5 for applicability of R.S. 42:1113(D) as amended.
A. During a gubernatorially declared emergency or disaster, no public servant shall convert property or resources of his governmental entity or property or resources which have been loaned to his governmental entity to or for his personal use.
B. During a gubernatorially declared emergency or disaster, no public servant shall offer, loan, or donate the property or resources of his governmental entity or property or resources which have been loaned to his governmental entity to or for the use of members of his immediate family in a manner which is preferential to members of his immediate family over members of the general public.
Acts 2007, No. 141, §1.
A. Other than a legislator, each public servant and each member of his immediate family who derives any thing of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose the following:
(1) The amount of income or value of any thing of economic value derived;
(2) The nature of the business activity;
(3) Name and address, and relationship to the public servant, if applicable; and
(4) The name and business address of the legal entity, if applicable.
B. Each legislator and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the legislator's agency or who derives anything of economic value of which he may be reasonably expected to know through a person which has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction involving the legislator's agency shall disclose the following:
(1) The amount of income or value of anything of economic value derived;
(2) The nature of the business activity;
(3) The name and address, and relationship to the legislator, if applicable; and
(4) The name and business address of the legal entity, if applicable.
C.(1) Other than a legislator, each elected official, his spouse, and any business enterprise in which he has a substantial economic interest, who derives anything of economic value through a contract or other subcontract from the state or any political subdivision shall disclose the following:
(a) The nature of the business activity;
(b) The name and address, and relationship to the elected official, if applicable; and
(c) The name and business address of the political subdivision, if applicable.
(2) For the purposes of this Subsection, a "business enterprise", shall be included in the disclosure statement only if the elected official and/or his spouse owns at least ten percent of such enterprise.
D. Repealed by Acts 1999, No. 2, §3, April 22, 1999.
E. The disclosure statements required in this Section shall be filed each year with the appropriate ethics body by May fifteenth and shall include such information for the previous calendar year. Such statements shall be a matter of public record.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1990, No. 1084, §1; Acts 1997, No. 1279, §1, eff. July 15, 1997; Acts 1999, No. 2, §3, eff. April 22, 1999; Acts 2014, No. 744, §2.
Repealed by Acts 2008, 1st Ex. Sess., No. 1, §3, eff. Jan. 1, 2009.
A. Each person who has or is seeking to obtain contractual or other business or financial relationships with a state or statewide public retirement system shall file with the Board of Ethics, in the manner provided in this Section, a report of all expenditures for a retirement official or retirement officials.
B. A report shall be filed semiannually as follows:
(1) By August fifteenth for the period from January first through June thirtieth.
(2) By February fifteenth for the period from July first through December thirty-first.
C. The report shall be filed on forms prescribed by the board, shall be signed by the person filing, and shall include a certification of accuracy by the person responsible for filing the report.
D. Each report shall include, in the manner prescribed by the Board of Ethics, the following:
(1) The total of all expenditures per retirement system made during each reporting period, which shall include all expenditures for retirement officials associated with that system whether such expenditures are attributable to an individual retirement official or not.
(2) The aggregate total of expenditures attributable to an individual retirement official as provided in Subsection E of this Section during each reporting period, including the name of the retirement official.
(3) The aggregate total of expenditures per retirement system for all reporting periods during the same calendar year, which shall include all expenditures for retirement officials associated with that system whether such expenditures are attributable to an individual retirement official or not.
(4) The aggregate total of all expenditures attributable to an individual retirement official as provided in Subsection E of this Section for all reporting periods during the same calendar year, including the name of the retirement official.
E. When the aggregate expenditure for any one retirement official exceeds the sum of fifty dollars on any one occasion, or when the aggregate expenditure for any one retirement official exceeds the sum of two hundred fifty dollars in a reporting period, then the total amount of expenditures for the retirement official during the reporting period shall be attributable to the individual retirement official.
(1) For the purposes of this Section "retirement official" shall mean a member of a board of trustees of a state or a statewide public retirement system, a public employee of such a system, or an employee of the Department of the Treasury whose function is to assist any such system or systems.
(2) For the purposes of this Section "expenditure" shall mean a purchase, payment, donation, advance, deposit, or gift or payment of money or anything of economic value or the purchase, donation, or gift of promotional items, food, drink, or refreshment, transportation, and entertainment for a retirement official.
F.(1) The chairman of the board of trustees of each state or statewide public retirement system shall provide notice to every person associated with his system whom such chairman knows or reasonably should know is required to file a report pursuant to this Section. The chairman shall forward a copy of each such notification to the Board of Ethics no later than fifteen days after the original notification was sent. The failure of a chairman to give notice as required by the provisions of this Subsection shall not relieve any person from the reporting requirements of this Section or any penalties as provided in this Section.
(2) The contents of the notice required to be given pursuant to this Subsection shall be prescribed by the Board of Ethics.
G.(1) Failure to file a report, failure to timely file a report, failure to disclose required information, or filing a false report shall subject a person required to file to penalties as provided by this Chapter.
(2) Whoever fails to file a report required by this Section, or knowingly and willfully fails to timely file any such report, or knowingly and willfully fails to disclose or to accurately disclose any information required by this Section shall be assessed a civil penalty pursuant to R.S. 42:1157 for each day until such report or the required accurate information is filed. The amount of the penalty shall be one hundred dollars per day.
H. Notwithstanding any other provision of this Section to the contrary, if a person makes expenditures as defined in this Section of less than five hundred dollars in a calendar year, such person shall not be required to file a report pursuant to this Section.
Acts 2004, No. 868, §1, eff. January 1, 2005.
NOTE: See Acts 2004, No. 868, §2, relative to reporting.
A.(1) No statewide elected official, legislator, commissioner of administration, or chief of staff or executive counsel to the governor, nor the spouse of any such person, nor any corporation, partnership, or other legal entity in which such a person owns an interest of greater than five percent, except a publicly traded corporation or a legal entity in which the person owns a passive ownership interest that is the result of participation in a federally approved program of employee ownership, shall enter into any contract to which all of the following apply:
(a) The contract is directed to addressing needs directly emanating from a gubernatorially declared disaster or emergency.
(b) The person knows or reasonably should know that the contract or subcontract is funded or reimbursed in whole or in part with federal funds distributed, paid, or allocated to or by the state or a state department, agency, or official.
(2) Hereafter in this Subsection, "person covered by this Subsection" shall mean a statewide elected official, legislator, commissioner of administration, or chief of staff or executive counsel to the governor, or the spouse of any such person. "Company covered by this Subsection" shall mean a corporation, partnership, or other legal entity in which a person covered by this Subsection owns an interest of greater than five percent, except a publicly traded corporation or a legal entity in which the person owns a passive ownership interest that is the result of participation in a federally approved program of employee ownership.
(3) The provisions of Paragraph (1) of this Subsection shall not apply to construction-related contracts entered into with entities more than two years following the initial declaration of disaster or emergency, provided that the entity is not the governmental entity of a person covered by this Section.
(4)(a) The following shall not be considered contracts for the purposes of this Section:
(i) A transaction valued at two thousand five hundred dollars or less. However, no person shall enter into separate transactions valued at two thousand five hundred dollars or less as a subterfuge to avoid the prohibition of this Subsection.
(ii) A foster parent provider agreement or a child care provider agreement entered into with the Department of Children and Family Services.
(iii) An agreement with a state entity or state quasi-public entity providing for housing, medical treatment, retirement benefits, or insurance benefits, provided on the same terms and conditions available to similarly situated persons.
(iv) An agreement providing for public assistance benefits, including but not limited to subsidies for agriculture, aquaculture, forestry, soil and water conservation, educational scholarships, grants and subsidies, or guaranteed student loans, provided that such benefits are available to similarly situated persons.
(v) An agreement for which the compensation is solely reimbursement of costs.
(vi) Applying for, payment of fees for, or obtaining a license, credential, or permit provided that such license, credential, or permit is available to similarly situated persons.
(vii) The payment of admission fees.
(viii) The sale of property pursuant to the expropriation of immovable property by any branch, agency, department, or institution of state government.
(ix) The donation of professional veterinary services and the donation of any goods and services related to the provision of such veterinary services.
(b) The provisions of this Subsection shall not prohibit the following:
(i) Contracts for employment or for services in a professional educational capacity in an elementary or secondary school or other educational institution.
(ii) Contracts for employment or for services by any licensed health care professional providing services in the classroom or working with administration in an elementary or secondary school or other educational institution.
(iii) Contracts for services by health care professionals which are required by federal or state law to provide an educational program for students in an elementary or secondary school or other educational institution.
(iv) A provider agreement entered into with the Louisiana Department of Health under the state medical assistance program.
(v) Contracts of employment of a physician or other licensed health care professional with the state or the charity hospitals of the state or the Louisiana Department of Health.
(5) Each person covered by this Subsection who derives, either directly or through a company covered by this Subsection, any thing of economic value through any contract which is directed to addressing needs directly emanating from a gubernatorially declared disaster or emergency and which the person covered by this Subsection knows or reasonably should know is or may be funded or reimbursed in whole or in part with federal funds shall disclose the information required by Subsection C of this Section as provided in that Subsection.
B.(1) Except persons covered by Subsection A of this Section and except as provided in Paragraph (2) of this Subsection, each elected official, each appointed state official, and each immediate family member of an official subject to this Subsection or Subsection A of this Section who derives, either directly or through a legal entity in which such official or immediate family member owns ten percent or more, any thing of economic value through any contract which is related to a gubernatorially declared disaster or emergency and which the official or immediate family member knows or reasonably should know is or may be funded or reimbursed in whole or in part with federal funds shall disclose the information required by Subsection C of this Section as provided in that Subsection.
(2) No person required to disclose information by Paragraph (1) of this Subsection shall be required to disclose the receipt of any thing of economic value pursuant to this Section when the value of the transaction or contract is two thousand five hundred dollars or less. However, no person shall enter into separate transactions or contracts valued at two thousand five hundred dollars or less with the same person or governmental entity or agency thereof as a subterfuge to avoid the disclosure requirements of this Section.
C.(1) The following information shall be disclosed:
(a)(i) If an elected or appointed official, the name and address of the elected or appointed official and the office held by such person.
(ii) If an immediate family member of an elected or appointed official, the name and address of such person; the name, address, and office of the elected or appointed official to whom the person is related; and the nature of the relationship.
(b) If through a legal entity, the name and business address of the legal entity, the percentage of the official's or immediate family member's ownership interest in the legal entity, and the position, if any, held by the official or immediate family member in the legal entity.
(c) The nature of the contract or subcontract, including the amount of the contract or subcontract and a description of the goods or services provided or to be provided pursuant to the contract or subcontract.
(d) The amount of income or value of any thing of economic value derived through the contract or subcontract by the official or immediate family member for the previous calendar year, except as provided in Paragraph (2) of this Subsection.
(2) Each elected or appointed official and immediate family member subject to the provisions of this Section shall file an initial disclosure statement with the Board of Ethics no later than thirty days after the official, immediate family member, or legal entity enters into the contract. The initial disclosure statement shall contain all of the information required by Paragraph (1) of this Subsection, except that instead of the actual amount of income or value of any thing of economic value derived from the contract by the official or immediate family member for the previous calendar year, the official or immediate family member shall include the amount of income or value of any thing of economic value to be derived or, if the actual amount is unknown at the time the statement is due, reasonably expected to be derived from the contract or subcontract for the first calendar year of the contract or subcontract.
(3)(a) After filing the initial disclosure statement, the elected or appointed official or immediate family member shall file the disclosure statements required by this Subsection with the Board of Ethics no later than May fifteenth each year and shall include such information for the previous calendar year.
(b) An elected or appointed official or immediate family member subject to the provisions of this Section shall be required to file the annual disclosure statements required by this Subsection until a disclosure statement is filed after the completion of the contract or subcontract subject to disclosure, or the person filing such statements, or to whom the immediate family member is related is no longer an elected or appointed official, whichever occurs first.
(c) Annual disclosure statements shall not be required for the receipt of things of economic value pursuant to contracts entered into prior to an elected or appointed official taking office; however, if an elected or appointed official or immediate family member thereof receives or reasonably expects to receive a thing of economic value otherwise required to be disclosed by this Section pursuant to the renewal of such a contract or subcontract occurring after the official takes office, such official or immediate family member shall file a disclosure statement no later than thirty days after such renewal in accordance with Paragraph (2) of this Subsection and annually thereafter in accordance with this Subsection.
(d) All disclosure statements filed pursuant to this Section shall be a matter of public record.
(4)(a) Failure to file a statement, failure to timely file a statement, failure to disclose required information, filing a false statement, or engaging in a subterfuge to avoid the disclosure requirements of this Section shall subject a person required to file to penalties as provided by this Chapter.
(b) In addition to other applicable penalties, whoever fails to file a statement required by this Section, or knowingly and willfully fails to timely file any such statement, or knowingly and willfully fails to disclose or to accurately disclose any information required by this Section shall be assessed a civil penalty in accordance with R.S. 42:1157 for each day until such statement or the required accurate information is filed. The amount of the penalty shall be one hundred dollars per day.
(c) In addition to other applicable penalties, whoever enters into separate contracts valued at two thousand five hundred dollars or less as a subterfuge to avoid the disclosure requirements of this Section shall be subject to the penalties of R.S. 42:1153.
D. For the purposes of this Section, the term "appointed state official" or "appointed official" shall mean a person holding an office in any branch of state government or other position on a state agency, board, or commission or any executive office of any state agency, board, commission, or department which is specifically established or specifically authorized by the constitution or laws of this state or by executive order of the governor and which is filled by appointment or election by an elected or appointed public official or by a governmental body composed of such officials of this state.
E. Nothing in this Section shall require the disclosure of any thing of economic value received from an individual assistance claim.
Acts 2005, 1st Ex. Sess., No. 18, §1, eff. Nov. 29, 2005; Acts 2006, No. 412, §1, eff. June 15, 2006; Acts 2008, 1st Ex. Sess., No. 2, §1, eff. March 3, 2008; Acts 2008, No. 514, §1, eff. June 30, 2008.
NOTE: See Acts 2008, No. 514, §5, for applicability.
A. No public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person:
(1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency, or
(2) Is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency.
B. No public employee shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public employee knows or reasonably should know that such person:
(1) Conducts operations or activities which are regulated by the public employee's agency.
(2) Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1983, No. 403, §1; Acts 1987, No. 730, §1.
A. No person from whom a public servant is prohibited by R.S. 42:1111 or 1115(A) from receiving a thing of economic value shall give to such a public servant any food, drink, or refreshment the total value of which exceeds fifty dollars for a single event at which food, drink, or refreshment is given. The total value of the food, drink, or refreshment given to a public servant at any single event shall not exceed fifty dollars regardless of the number of persons subject to the provisions of this Subsection giving food, drink, or refreshment to the public servant at the single event.
B. No person from whom a public employee is prohibited by R.S. 42:1111 or 1115(B) from receiving a thing of economic value shall give to such a public employee any food, drink, or refreshment the total value of which exceeds fifty dollars for a single event at which food, drink, or refreshment is given. The total value of the food, drink, or refreshment given to a public employee at any single event shall not exceed fifty dollars regardless of the number of persons subject to the provisions of this Subsection giving food, drink, or refreshment to the public employee at the single event.
C. Beginning on July 1, 2009, and on July first of each year thereafter, when there has been an increase in the unadjusted Consumer Price Index (CPI-U)( Food and Beverage) as published by the United States Department of Labor, Bureau of Labor Statistics in January each year, the limit of fifty dollars for food, drink or refreshments provided in Subsections A and B of this Section shall be increased by the same percentage as the percentage by which that price index is increased. The amount of the increase shall be rounded off to the nearest dollar. The food, drink, or refreshment limit shall be adjusted by the Board of Ethics according to the Consumer Price Index (CPI-U)(Food and Beverage) and adopted and promulgated as a rule or regulation by the board in accordance with the provisions of R.S. 42:1134(A).
D. For purposes of this Section, at an event to which a group or organization of public servants is invited and at which food, drink, or refreshment is given, the value of the food, drink, or refreshment provided to a public servant shall be determined by dividing the total cost of the food, drink, and refreshment provided at the event by the total number of persons invited, whether formally or informally, and which is communicated in any manner or form, to the event.
E. The provisions of this Section shall not apply to any of the following:
(1) A gathering held in conjunction with a meeting related to a national or regional organization or a meeting of a statewide organization of governmental officials or employees provided that at least ten persons associated with the organization are invited to the gathering.
(2) The participation of a public servant of a post-secondary education institution at an event held for the purpose of soliciting donations or contributions of private funds for the benefit of that public servant's agency.
F. For purposes of this Section, the following terms and phrases shall have the following meanings:
(1) "Event" means a single activity, occasion, reception, meal, or meeting at a given place and time.
(2) "Gathering held in conjunction with a meeting related to a national or regional organization or a meeting of a statewide organization of governmental officials or employees" means but shall not be limited to any of the following:
(a) An event held during the same time period and in the same general locale as a meeting of such an organization and to which some persons associated with the organization are invited.
(b) An event that is part of the scheduled activities at a meeting of such an organization and that is open to persons attending the meeting.
Acts 2008, 1st Ex. Sess., No. 9, §1, eff. March 30, 2008; Acts 2008, No. 514, §1, eff. June 30, 2008; Acts 2009, No. 534, §2, eff. July 16, 2009.
NOTE: See Acts 2008, No. 514, §5, for applicability.
A. The provisions of R.S. 42:1111 or 1115 shall not preclude the acceptance by a public servant of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, if the agency head of the public servant's agency certifies each of the following:
(1) The public servant's acceptance of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, is either of direct benefit to the agency or will enhance the knowledge or skill of the public servant as it relates to the performance of his public service.
(2) The agency head approved the public servant's acceptance of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, prior to acceptance.
B.(1) Any public servant who accepts complimentary admission, lodging, or transportation, or reimbursement for such expenses, shall file with the Board of Ethics, within sixty days after such acceptance, a certification, on a form designed by the board, disclosing all of the following:
(a) The date and location of complimentary admission, lodging, or transportation and a brief description of its purpose.
(b) The name of the person who gave, provided, paid for, or reimbursed in whole or in part the admission, lodging, or transportation.
(c) The amount expended on his behalf or reimbursed by the person for admission, lodging, and transportation. The amount expended on air transportation by private aircraft shall be calculated as provided in Subsection C of this Section.
(2) The certification required by this Subsection shall include the certifications of the agency head required by Subsection A of this Section.
C. The amount expended on air transportation by private aircraft shall be calculated by any of the following methods:
(1) The cost of any of the following:
(a) The lower unrestricted and nondiscounted commercial, first class or business class, airfare for a flight comparable in departure location, destination, and time of travel, in the case of travel between locations served by regularly scheduled first class or business class commercial airline service.
(b) The lowest unrestricted and nondiscounted commercial, coach airfare for a flight comparable in departure location, destination, and time of travel, in the case of travel between locations not served by regularly scheduled first class or business class commercial airline service.
(c) The normal and usual charter fare or rental charge for a comparable aircraft of sufficient size to accommodate all travelers including security personnel, if applicable, in the case of travel to or from a city not regularly served by regularly scheduled commercial airline service.
(2) The actual cost of the private flight divided by the number of passengers.
(3) Any methodology accepted under generally accepted accounting principles or generally accepted auditing standards.
(4) Any methodology consistent with any provisions of the Code of Federal Regulations that values air transportation by private or noncommercial aircraft.
Acts 2018, No. 200, §1; Acts 2025, No. 301, §1, eff. June 11, 2025.
A. No public servant shall use the authority of his office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to provide himself, any other public servant, or other person with any thing of economic value. This Subsection shall not be construed to limit that authority authorized by law, statute, ordinance, or legislative rule in carrying out official duties.
B. No public servant shall use the authority of his office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to engage in political activity. For the purposes of this Subsection, "political activity" means an effort to support or oppose the election of a candidate for political office in an election. This Subsection shall not be construed to limit that authority authorized by law, statute, ordinance, or legislative rule in carrying out official duties.
C. No regulatory employee shall participate in any way in the sale of goods or services to a person regulated by his public agency, or to any officer, director, agent, or employee of such person, if a member of the immediate family of the regulatory employee, or any business enterprise in which such regulatory employee or member of his immediate family owns at least twenty-five percent, receives or will receive a thing of economic value by virtue of the sale.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1997, No. 338, §1; Acts 1999, No. 418, §1.
NOTE: Statute requiring elected officials to submit to random drug testing violated search and seizure clause and therefore is unconstitutional; no special need which would justify departure from Fourth Amendment's requirement of individualized suspicion for search. O'Neill v. La., E.D. La. 1998, 61 F.Supp.2d 485, affirmed 197 F.3d 1169, cert. denied 120 S.Ct. 2740, 530 U.S. 1274, 147 L.Ed.2d 1005.
No public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
Acts 1979, No. 443, §1, eff. April 1, 1980.
A. No public servant or other person shall transfer any thing of economic value or any asset, interest, or liability to any person or governmental entity for the purpose of circumventing any provision of this Chapter, unless such transfer is irrevocable. A transfer shall not be irrevocable if there exists any contract, letter, counter letter, trust, note, or any other legally enforceable agreement or authority which if exercised or enforced would require or authorize any asset, interest, or liability transferred by the public servant or other person to revert back to such public servant or other person.
B.(1) The terms of a confidentiality agreement entered into between parties shall not be a transfer prohibited by this Section, provided that the confidentiality agreement is not entered into for purposes of circumventing the Code of Governmental Ethics.
(2) The sale of property subject to owner financing shall not be a transfer prohibited by this Section.
(3) A recorded bond for deed contract shall not be a transfer prohibited by this Section.
Acts 2008, 1st Ex. Sess., No. 15, §1, eff. March 7, 2008.
No public servant shall solicit or receive any thing of economic value, directly or indirectly, for, or to be used by him or a member of his immediate family principally to aid in, (1) the accomplishment of the passage or defeat of any matter affecting his agency by the legislature, if his agency is a state agency, or by the governing authority, if his agency is an agency of a political subdivision, or (2) the influencing, directly or indirectly, of the passage or defeat of any matter affecting his agency by the legislature, if his agency is a state agency, or by the governing authority, if his agency is an agency of a political subdivision.
Acts 1979, No. 443, §1, eff. April 1, 1980.
A. If not otherwise prohibited by this Chapter, any public employee of the executive, judicial, or legislative branch of state government or any local governmental subdivision who contracts with a person or governmental entity to provide political position papers, economic studies, or policy statements relative to public policy concerning any rule, regulation, or legislation proposed, passed, or adopted by the state or any of its political subdivisions, or any entity receiving public funds, shall disclose the name and address of the person or governmental entity engaging his services, the amount of the contract, and the nature of the business or relationship.
B. The disclosure statements required by this Section shall be filed with the appropriate ethics body for public employees prior to the publication, dissemination, or public release of such paper, study, or statement.
Acts 1992, No. 927, §1; Acts 2010, No. 861, §18.
A. No member of the immediate family of an agency head shall be employed in his agency.
B.(1) No member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection:
(a)(i) Any local school board may employ any member of the immediate family of any board member or of the superintendent as a classroom teacher provided that such family member is certified to teach or is temporarily authorized to teach while pursuing certification. Any local school board in a parish having a population of fewer than sixty thousand according to the latest federal decennial census may employ any member of the immediate family of any board member or of the superintendent as a special education related services professional provided that such family member is licensed in an appropriate field for special education related services and such family member is the only applicant who meets the qualifications for the position set by the school board who has applied for the position after it has been advertised for at least thirty days in the official journal of the school board. A special education related services professional shall include the following when employed to provide special education services: a social worker, occupational therapist, physical therapist, speech therapist/pathologist, teacher of students who are deaf or hard of hearing, teacher of visually impaired students, or nurse. Any school board member or superintendent whose immediate family member is employed by the school board shall recuse himself from any decision involving the promotion or assignment of teaching or service location of such employee.
(ii) Any local school board with a student enrollment population of four thousand nine hundred fifty or less may employ any member of the immediate family of any board member as a school electrician provided that such family member has at least twenty years of experience as an electrician. Any school board member whose immediate family member is employed by the school board shall recuse himself from any decision involving the promotion or assignment of such electrician.
(iii) In addition, by September fifteenth of each school year, any school board member or superintendent whose immediate family member is employed by the school board shall file a disclosure statement with the Board of Ethics stating the facts of such employment. Any person who fails to timely file a disclosure statement under this Item may be assessed a late fee of fifty dollars per day, not to exceed one thousand five hundred dollars, subject to the provisions of R.S. 42:1157.
(iv) Any local school board in a parish with a population of twenty-five thousand five hundred persons or less according to the most recent federal decennial census may employ any member of the immediate family of any board member or of the superintendent as a school counselor provided that such family member is certified as a school counselor and that such family member is the only applicant who meets the qualifications for the position set by the school board who has applied for the position after it has been advertised for at least thirty days in the official journal of the parish and in all newspapers of general circulation in the parish. Any school board member or superintendent whose immediate family member is employed by the school board shall recuse himself from any decision involving the promotion or assignment of such employee.
(v) An immediate family member of a member of a local school board or of a superintendent who has been employed pursuant to Item (i) of this Subparagraph for at least one year may be promoted to an administrative position by such school board provided that such family member has the appropriate qualifications and certifications for such position. A school board member whose immediate family member is to be promoted to an administrative position pursuant to this Item shall recuse himself from any action involving the promotion or assignment of job location of such employee, and a superintendent whose immediate family member is to be promoted to an administrative position shall disqualify himself from any action involving the promotion or assignment of job location of such employee. For purposes of this Item, the term "certifications" shall not include any temporary or provisional certification or certifications.
(vi) Any local school board may employ any member of the immediate family of any board member or of the superintendent as a school bus operator provided that such family member is certified as a school bus operator. Any school board member or superintendent whose immediate family member is employed by the school board shall recuse himself from any decision involving the promotion or assignment of such employee.
(b)(i) Any hospital service district or hospital public trust authority located in such a district may enter into an initial recruiting contract with or employ as a health care provider, a licensed physician, a registered nurse, or an allied health professional who is a member of the immediate family of any district board, authority, or parish governing authority member or of the chief executive of the district or authority provided that such family member is the only qualified applicant who has applied for the position after it has been advertised for at least thirty days in the official journal of the parish and in all newspapers of general circulation in the parish where the hospital is located. The chief executive and any member of a board of a hospital service district or hospital public trust authority which enters into an initial recruiting contract with or employs such physician, registered nurse, or allied health professional shall recuse himself from any decision involving the promotion, discipline, discharge, or assignment of any such employee who is a member of his immediate family.
(ii) Any hospital service district in a parish with a population of between four hundred thousand and four hundred forty thousand persons as of the most recent federal decennial census or hospital public trust authority located in such a district may enter into an initial recruiting contract with or employ as a health care provider, a licensed physician, a registered nurse, or an allied health professional who is a member of the immediate family of any district board, authority, or parish governing authority member or of the chief executive of the district or authority provided that such family member is a qualified applicant who has applied for the position after it has been advertised for at least thirty days in the official journal of the parish and in all newspapers of general circulation in the parish where the hospital is located. The chief executive and any member of a board of a hospital service district or hospital public trust authority which enters into an initial recruiting contract with or employs such physician, registered nurse, or allied health professional shall recuse himself from any decision involving the promotion, discipline, discharge, or assignment of any such employee who is a member of his immediate family.
(iii) In addition, no later than January thirtieth of each year, any chief executive and any member of a board of a hospital service district or hospital public trust authority whose immediate family member enters into an initial recruiting contract with or is employed by the hospital service district or hospital public trust authority pursuant to this Subparagraph shall file a disclosure statement with the Board of Ethics stating the facts of such employment. Any person who fails to timely file a disclosure statement under this Item may be assessed a late fee of fifty dollars per day, not to exceed one thousand five hundred dollars, subject to the provisions of R.S. 42:1157.
(c) Any municipality with a population of one thousand persons or less according to the most recent federal decennial census may employ or appoint, notwithstanding R.S. 42:1113, any immediate family member of a municipal governing authority member, provided that the family member is the only qualified applicant for the position after it has been advertised for at least thirty days in the official journal of the municipality. Any municipal governing authority member whose immediate family member is appointed or employed by the municipality shall recuse himself from any decision involving the promotion or assignment of his family member.
C.(1) Any person serving in public employment on the effective date of this Section, whose employment is in violation of this Section, may continue in such employment and the provisions of this Section shall not be construed to hinder, alter, or in any way affect normal promotional advancements in public employment for such employee.
(2) The provisions of this Section shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee where a member of public employees' immediate family becomes the agency head of such public employee's agency, provided that such public employee has been employed in the agency for a period of at least one year prior to the member of the public employee's immediate family becoming the agency head.
(3) The provisions of the Section shall not apply to pilots appointed by the governor pursuant to R.S. 34:943, 992, 1044, and 1072.
(4) The provisions of this Section shall not apply to the hiring of immediate family members of members of a governing authority of a municipality with less than two thousand population and which owns an electrical or gas distribution system. Any member of the governing authority which employs an immediate family member shall recuse himself from any decision involving the promotion, discipline, discharge, or assignment of work of his immediate family member. However, the provisions of this Paragraph shall only apply when, after proper advertisement, there is no other resident of the municipality who is qualified and has applied for the position of employment.
(5) The provisions of this Section shall not be construed to prohibit the reemployment of a retiree whose employment was allowed under the provisions of this Section on the date of his retirement. Any such reemployment shall be in compliance with all other applicable laws.
(6) The provisions of this Section shall not apply to the employment of a volunteer firefighter or to any decision regarding the employment of a volunteer firefighter by an agency head, a chief executive of a governmental entity, or a member of a governing authority. For purposes of this Paragraph, "volunteer firefighter" shall mean a member of a volunteer fire department who participates in fire and rescue functions and who receives no remuneration for his services, and "decision regarding employment" shall include any decision involving the employment, promotion, discipline, discharge, or assignment of the firefighter.
(7) The provisions of this Section and the provisions of R.S. 24:31.5 shall not prohibit the employment of any employee provided for in R.S. 24:31.5, nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such employee, so long as the legislator who employs the employee remains a member of the legislature, provided the employee is employed as provided for in R.S. 24:31.5 in the legislator's agency by the same legislator at least one year prior to becoming a member of the immediate family of the legislator. In addition, notwithstanding the provisions of R.S. 42:1112, the legislator may participate in transactions regarding such employment.
D. A willful violation of this Section shall subject the agency head, member of the governing authority, the public employee having authority to hire and fire the employee, the immediate supervisor of the employee, whether or not such persons are immediate family members of the employee, and such employee, to disciplinary action and penalties provided by this Chapter.
E. Nothing in this Section shall prohibit the employment by a school board of an immediate family member of an athletic director of a school as a coach at such school.
F. Nothing in this Section shall prohibit the school board of a school system created after June 1, 2006, from employing an immediate family member of a school board member, provided that the immediate family member was previously employed in a similar capacity by a school board within the same parish for a period of at least one year prior to the creation of the new school system. Any school board member whose immediate family member is either being considered for employment or is employed by the school board shall recuse himself from any decision involving the hiring, promotion, or assignment of such employee. In addition, any such school board member shall be subject to the same disclosure requirements and penalties provided by Item (B)(2)(a)(iii) of this Section.
G. Nothing in this Section shall prohibit a district attorney from employing an immediate family member as an assistant district attorney provided that the immediate family member was continuously employed by the office of the district attorney for that judicial district for a period of at least nine months immediately prior to the district attorney taking the oath of office for his initial term as district attorney nor shall the provisions of this Section be construed to hinder, alter, or in any way affect normal promotional advancements for such assistant district attorney.
H. Nothing in this Section shall prohibit the continued employment of a cadet or graduate of the state police training academy in the classified state police service nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee in the classified state police service where a member of the public employee's immediate family becomes the agency head of such public employee's agency, provided that such public employee has been employed in the classified state police service for a period of at least four months prior to the member of the public employee's immediate family becoming the agency head.
I. Nothing in this Section shall prohibit the employment of an immediate family member of a coach of an athletic program at a public higher education institution on the staff of that program nor shall the provisions of this Section be construed to hinder, alter, or in any way affect normal promotional advancements for such an immediate family member.
Acts 1979, No. 443, §1, eff. April 1, 1980. Amended by Acts 1982, No. 640, §1; Acts 1992, No. 598, §1; Acts 1995, No. 196, §1, eff. June 14, 1995; Acts 1997, No. 329, §1; Acts 1997, No. 342, §1, eff. June 20, 1997; Acts 1999, No. 1349, §2, eff. July 12, 1999; Acts 2003, No. 913, §1, eff. July 1, 2003; Acts 2003, No. 914, §1, eff. July 1, 2003; Acts 2003, No. 990, §1, eff. July 2, 2003; Acts 2003, No. 997, §1, eff. July 2, 2003; Acts 2004, No. 914, §1, eff. July 12, 2004; Acts 2006, No. 833, §1, eff. July 5, 2006; Acts 2007, No. 150, §1, eff. June 25, 2007; Acts 2007, No. 225, §1; Acts 2008, 1st Ex. Sess., No. 6, §1, eff. April 26, 2008; Acts 2008, No. 514, §1, eff. June 30, 2008; Acts 2009, No. 452, §1, eff. July 9, 2009; Acts 2011, No. 167, §1, eff. June 24, 2011; Acts 2012, No. 699, §1, eff. June 11, 2012; Acts 2012, No. 811, §15, eff. July 1, 2012; Acts 2014, No. 863, §1, eff. June 23, 2014; Acts 2015, No. 449, §1; Acts 2017, No. 71, §1, eff. June 4, 2017; Acts 2017, No. 146, §9; Acts 2020, No. 9, §1, eff. June 4, 2020; Acts 2021, No. 199, §1, eff. June 11, 2021; Acts 2021, No. 275, §6; Acts 2022, No. 47, §1, eff. May 17, 2022; Acts 2022, No. 50, §1; Acts 2023, No. 227, §1, eff. June 8, 2023.
If any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter, provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion or debate and prior to the vote that is the subject of discussion or debate.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1988, No. 880, §1; Acts 2008, 1st Ex. Sess., No. 8, §1, eff. March 6, 2008; Acts 2008, No. 159, §1, eff. June 12, 2008.
Repealed by Acts 2018, No. 534, §3.
Repealed by Acts 2008, No. 685, §2 .
Repealed by Acts 2008, No. 685, §2.
A. If any appointed member of a board or commission in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting.
B. An appointed member of a board or commission who recuses himself from voting pursuant to this Section shall be prohibited from participating in discussion and debate concerning the matter.
Acts 2008, No. 685, §1; Acts 2018, No. 534, §2.
A.(1) No former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
(2) No former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
B.(1) General rule for other public employees. No former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
(2) Nothing in this Section shall prohibit a former employee of the Louisiana School for the Deaf from rendering sign language and interpreting services on a contractual basis to or for the Louisiana School for the Deaf.
(3) Nothing in this Section shall prohibit a former sexual assault nurse examiner from rendering services on a contractual basis to or for his former public employer.
C. No legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
D. No former public servant shall share in any compensation received by another person for assistance which such former public servant is prohibited from rendering by this Section.
E. Termination of public service. For the purposes of Subsections B and C of this Section, termination of public employment or service means the termination of employment with the agency which employed the public employee, or the termination of public service with the agency in which an elected official served, when he participated in the transaction.
F.(1) Each officer and employee of the office of financial institutions, including the commissioner, shall be prohibited for a period of two years following the termination of his employment with the office of financial institutions from:
(a) Assisting another person for compensation in a particular transaction or in an appearance in connection with a particular transaction for which the officer or employee had responsibility to effectively direct the action of the office of financial institutions at any time during his employment and which involves the office of financial institutions; or
(b) Rendering on a contractual basis to or for the office of financial institutions any service which the officer or employee rendered to the office of financial institutions during his employment there.
(2) However, the provisions of Paragraph (1) of this Subsection shall not apply to post-employment work done for or with a federally chartered agency regulating financial institutions or their holding companies.
(3) A legal entity in which a former officer or employee of the office of financial institutions is an officer, director, trustee, partner, or employee shall be prohibited for a period of two years following the termination of his employment, from assisting another person for compensation in a particular transaction or in an appearance in connection with a particular transaction for which such officer or employee had responsibility to effectively direct the action of the office of financial institutions at any time during his employment and which involves the office of financial institutions. This restriction shall not apply to a legal entity which is a federally chartered agency regulating financial institutions or their holding companies. Subject to the provisions of Paragraphs (1), (2), and (4) of this Subsection, such a legal entity may continue to participate in particular transactions commenced prior to termination of the employment with the office of financial institutions of the former officer or employee.
(4) No former officer or employee shall share in any compensation received by another person for assistance which such former officer or employee is prohibited from rendering by this Subsection.
(5) Notwithstanding any other law to the contrary, this Subsection shall be applicable to each officer and employee of the office of financial institutions and shall be the sole controlling provision on post-employment restrictions for such officers and employees.
G. Nothing in this Section shall prohibit a former member of a municipal governing authority from being appointed to fill a vacancy in the office of mayor regardless of the amount of time that has elapsed since the termination of the former member's service as a member of the municipal governing authority.
H. Nothing in this Section shall prohibit a licensed physician who is a former member of the governing authority of a hospital service district or any legal entity in which such licensed physician is an officer, director, trustee, partner, or employee from being employed by or from contracting with the hospital service district or any entity over which the governing authority of the hospital service district exercises supervision or jurisdiction to perform professional health care services directly related to his expertise as a licensed physician, from contracting with the hospital service district or any entity over which the governing authority of the hospital service district exercises supervision or jurisdiction for the purchase or lease of property related to the licensed physician's health care practice, or from contracting with the hospital service district or any entity over which the governing authority of the hospital service district exercises supervision or jurisdiction for the sale of the physician's practice.
I. The provisions of this Section shall not prohibit a former chief indigent defender as provided in R.S. 15:161(H), or a legal entity in which the former chief indigent defender owns an interest, from donating office space, leasing office space at a fair market value, or selling office space at fair market value following an appraisal to the district public defender's office if the transaction is deemed necessary for the continuity of the provision of public defender services within a judicial district at the same location and the transaction is approved by the Louisiana Public Defender Board or its successor.
J. The provisions of this Section shall not prohibit a former commissioner of the Ernest N. Morial - New Orleans Exhibition Hall Authority with at least thirty years of work experience in hospitality or hotel management serving as a commissioner on January 1, 2025, from being employed by the authority regardless of when his public service terminated upon a finding by the board of commissioners of the authority that circumstances require such action. The provisions of this Subsection shall terminate on December 31, 2025.
Acts 1979, No. 443, §1, eff. April 1, 1980; H.C.R. No. 45, 1983 R.S.; H.C.R. No. 237, 1984 R.S.; Acts 1987, No. 893, §1; HCR No. 203, 1988 R.S., eff. July 8, 1988; Acts 1993, No. 445, §1; Acts 1997, No. 745, §1; Acts 1997, No. 944, §1; Acts 1997, No. 1059, §1; Acts 1999, No. 274, §1; Acts 2005, No. 140, §1, eff. June 28, 2005, §2, eff. Aug. 1, 2007; Acts 2006, No. 89, §1, eff. May 25, 2006, and §2, eff. Aug. 1, 2008; Acts 2006, No. 525, §1; Acts 2006, No. 607, §1; Acts 2007, No. 74, §1, eff. June 22, 2007; Acts 2007, No. 74, §2, eff. August 1, 2009; Acts 2012, No. 724, §1, eff. June 11, 2012; Acts 2015, No. 450, §1, eff. July 1, 2015; Acts 2015, No. 450, §2, eff. July 1, 2017; Acts 2022, No. 184, §1; Acts 2025, No. 184, §1; Acts 2025, No. 301, §1, eff. June 11, 2025.
Notwithstanding any provisions in Sections 1112, 1113, and 1121 of this Part to the contrary, any member or former member of a parish governing authority who prior to May 25, 2006, was serving as a parish manager may continue to serve as parish manager, provided that such member recuse himself from any vote regarding his employment as parish manager.
Acts 2006, No. 85, §2, eff. May 25, 2006.
A. Pension and benefit plans. A public servant may continue in a bona fide pension, insurance, or other benefit plan maintained by a former employer, provided that such former employer makes no contributions in his behalf with respect to the period of his public service. However, a former employer may make contributions to a pension plan that is qualified under the Internal Revenue Code or to any pension, insurance, or other benefit plan, if such contributions are made on behalf of all former employees who continue in the plan.
B. Profit sharing or stock bonus plans. The rights acquired by a public servant under a bona fide profit sharing or stock bonus plan qualified under the Internal Revenue Code and maintained by a former employer may be retained by such public servant, provided the former employer makes no contributions on his behalf based upon profits derived during the period of his public service.
Acts 1979, No. 443, §1, eff. April 1, 1980.
This Part shall not preclude:
(1) Participation in the affairs of charitable, religious, nonprofit educational, public service, or civic organizations, bona fide organized public volunteer fire departments when no compensation is received, or the activities of political parties not proscribed by law. Provided, however, that the Code of Governmental Ethics shall apply to the purchase of fire trucks by bona fide organized public fire departments.
(2)(a) Awards for meritorious public contributions given by public service organizations.
(b) Awards of anything of economic value received by teachers, principals, or school employees pursuant to the provisions of R.S. 17:432, 432.1, 433, or 433.1 for their outstanding achievement in the performance of their duties or responsibilities as teachers, principals, or school employees given by any person. However, this exception shall not apply to any award from any person or from any officer, director, agent, or employee of such person, if the teacher, principal, or school employee receiving the award knows or reasonably should know that the person has substantial economic interests which may be substantially affected by the performance or nonperformance of the teacher's, principal's, or school employee's official duty.
(3) Sharing in any compensation received from the governmental entity by a person of which such public servant owns or controls less than ten percent, provided such public servant did not participate or assist in the procurement of such compensation, except as otherwise specifically prohibited by R.S. 42:1113.
(4) Sharing in any compensation received from the governmental entity by a person of which such public servant owns or controls any portion thereof, provided such compensation was received by such person as a result of having made the lowest sealed competitive bid on a contract or subcontract and having had such bid accepted by the governmental entity or the general contractor, and provided such public servant did not participate or assist in the procurement of the acceptance of such low bid, except as otherwise specifically prohibited by R.S. 42:1113.
(5) Campaign contributions for use in meeting campaign expenses by any public servant who is or becomes a candidate for election to the same or another public office.
(6) Any activity of any public employee of a public higher education institution in this state who is covered by the tenure policy of the Board of Regents or the tenure policies and the administration of the tenure policies by the three higher education management boards and which activity is required by either regional or professional accreditation standards of organizations recognized by the Council on Postsecondary Accreditation.
(7) The employment with the office of behavioral health of the Louisiana Department of Health of a licensed physician who is a member of the psychiatric faculty of and compensated by Tulane University.
(8) Any individual employed in the maritime industry from serving as an appointed member of the Board of Commissioners of the Port of New Orleans.
(9)(a) The receipt of or sharing in the proceeds of any patent, copyright, licensing right, or royalty by faculty or staff members of a public higher education institution or management board resulting from any activity of the faculty or staff member, which is consistent with and pursuant to the mission of the college or university to advance knowledge or further the economic development of the state and which activity has been approved by the campus head and the management board of the employing college or university.
(b) The performance of services for compensation for any person, by faculty or staff members of a public higher education institution, provided the services consist of consulting related to the academic discipline or expertise of said public employee, or the continued performance of such services by former faculty or staff members of a public higher education institution subsequent to the termination of their public service and notwithstanding contrary provisions of R.S. 42:1121, and provided the services have been approved in writing by the chief administrative officer of the public employee's institution in accordance with rules and procedures established by the management board of the institution, which rules and procedures have been approved by the Board of Regents and the Board of Ethics.
(10)(a) The negotiation or entering into a contract as defined in Subparagraph (b) of this Paragraph, provided that such contract has been approved in accordance with a procedure established by the appropriate higher education management board which procedure has been approved by the Board of Regents and the Board of Ethics. Such an approval procedure shall require a finding and certification by the appropriate management board to the Board of Regents that entering into such contract will contribute to the economic development of the state and that entering into such contract will not interfere or conflict with the employee's obligation to the university. Semiannually, the Board of Regents shall report all such certifications to the House Commerce Committee and the Senate Commerce, Consumer Protection, and International Affairs Committee or any subcommittee designated by either standing committee.
(b) A contract between an institution of higher education and a member of its faculty, research staff, or athletic coaching staff or a legal entity in which such employee has a substantial economic interest, regarding the disposition of any patent, copyright, licensing right, or royalty which is attached to a discovery, technique, or technology resulting from the research done by such employee in the course of his employment with the institution, or regarding an activity related to or resulting from the athletic coaching or research activity of such employee conducted in the course of his employment with the institution.
(c) The negotiation or entering into a contract for employment training services between a public higher education management board and any person who maintains an employment relationship with a member of such public higher education management board provided that the higher education management board member has not participated in any decision to enroll in the designated employment training services; has not participated in the selection of the designated employment training provider or site; and who does not participate, as a board member, in any transaction related to the consummation of an agreement between the person and the public higher education management board; and the employment training services are consistent with and pursuant to the mission of the public higher education management board to advance knowledge or further the economic development of the state.
(11)(a) The employment with the office of public health of the Louisiana Department of Health of retired public health physicians by professional services contracts for part-time clinician services in parish health units. However, a yearly contract shall not exceed twenty percent of the retired employee's former salary. A retired physician shall be employed under this Subparagraph only if there are no public health physicians available to perform the services.
(b) The employment with the Louisiana Department of Health of retired registered nurses by contract to perform health care services. However, such a contract shall be deemed to be null and void in the event that a registered nurse becomes available to perform the services. A retired registered nurse shall be employed under this Subparagraph only if the nurse was retired on April 1, 1990, and there are no registered nurses available to perform the services.
(12) Any tenant of a housing authority, as defined in R.S. 40:384, from serving on the board of commissioners of that housing authority.
(13)(a)(i) The acceptance by a public servant of complimentary admission to a civic, non-profit, educational, or political event when the public servant is:
(aa) A program honoree.
(bb) Giving a speech at the event.
(cc) A panel member for a discussion occurring at the event.
(dd) Attending the event to assist an elected official who meets the provisions of this Item when the public servant is under the supervision of the elected official and such assistance is within the ordinary employment duties of the public servant.
(ii) The acceptance by a public servant of complimentary admission to a fundraising event for a candidate or political party.
(iii) The acceptance by a public servant of complimentary admission to a fundraising event held by or for the benefit of an educational institution or by or for the benefit of a nonprofit organization which conducts educational programs.
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to admission to any professional, semi-professional, or collegiate sporting event.
(14) Persons employed by public school systems to provide special education and related services pursuant to R.S. 17:1941 et seq. to a student with an exceptionality as defined in R.S. 17:1942 from performing, on a private fee basis and outside of school hours, those same special education and related services for their own students or any other persons eligible to receive such services from their school system during school hours, provided that the child's parents or guardian are advised, in writing, of the procedures through which their child may be evaluated for eligibility to receive such services for free through the school system. With respect to any child already receiving such services for free through the school system, the notice shall explain the procedures through which the child's eligibility to receive additional services for free from the school system may be reviewed.
(15) The use by a duly commissioned law enforcement officer of a publicly owned law enforcement vehicle in connection with the private employment of such law enforcement officer in providing traffic control or security services for a private employer when such use is approved by and in accordance with the policy of the law enforcement officer's public employer, which policy shall be published in the official journal of the parish prior to becoming effective and shall provide for appropriate charges for the use of public vehicles for private employment.
(16) When making a public speech, the acceptance by a member of the legislature of food, refreshments, and lodging reasonably related to making such speech, as well as reasonable transportation provided the public speech is given in any state, territory, or commonwealth of the United States, any country in North America, the territorial waters of Louisiana, or any offshore structure located on the outer continental shelf seaward of such territorial waters and offshore of Louisiana, and provided such member of the legislature, if making the speech outside this state, including the territorial waters thereof, and any offshore structure located on the outer continental shelf seaward of such territorial waters and offshore of Louisiana, files a statement with the Board of Ethics, within sixty days of making such public speech, disclosing the name of the sponsoring group or organization and the amount expended on his behalf by the sponsoring group or organization on food and refreshments, lodging, and transportation. The statement shall include a certification by the member of the legislature filing it that the information contained in the statement is true and correct to the best of his knowledge, information, and belief.
(17)(a) Notwithstanding the provisions of R.S. 42:1111(C)(2)(d) or 1113(A), in municipalities with a population no greater than five thousand, in accordance with the most recent decennial census, a member of any municipal governing authority or any mayor from being a compensated director, officer, or employee of any national or state bank or state or federally chartered savings and loan association or savings bank into which funds of the municipality are deposited.
(b) The provisions of Subparagraph (a) of this Paragraph shall be effective only when the following conditions are met:
(i) Publication of notice has been made on two separate occasions in the official journal of the municipality, the first of which is at least fifteen days prior to public hearing on the matter. Such notice shall include the name of the financial institution(s) in which municipal funds are to be deposited and the amount of such deposit(s).
(ii) In municipalities where more than one financial institution is located, average annual deposits of municipal funds in one such financial institution shall not exceed the average annual deposits in any other such financial institution by more than ten percent, except in cases where funds are deposited pursuant to competitive bid.
(iii) The municipal funds are deposited with the approval of the municipal governing authority and the mayor.
(c) The provisions of Subparagraph (a) of this Paragraph shall not affect the application of R.S. 42:1112.
(18)(a) A licensed physician who is a member of a board of commissioners for any hospital service district authorized by Chapter 10 of Title 46 of the Louisiana Revised Statutes of 1950 located within a parish which has a population of one hundred twenty-five thousand or less from contracting with the hospital over which the board exercises jurisdiction, from subcontracting with another provider who contracts with such hospital, or from owning an interest in an entity that contracts with such hospital. However, such licensed physician shall recuse himself from participating in any transaction before the board relating to any contracts entered into by him, or by a provider with which he subcontracts, or by any entity in which he owns an interest, and permitted by this Paragraph.
(b) A licensed physician who is a member of a board of commissioners for any hospital service district authorized by Chapter 10 of Title 46 of the Louisiana Revised Statutes of 1950 located within a parish which has a population of twenty-nine thousand or less from being employed with the hospital over which the board exercises jurisdiction or from owning an interest in an entity that contracts with such hospital. However, such licensed physician shall recuse himself from participating in any transaction before the board relating to his employment with the hospital or to any contracts entered into by him, or by a provider with which he subcontracts, or by any entity in which he owns an interest, and permitted by this Paragraph.
(c) Any physician serving as a member of a hospital service district board or commission, if such hospital service district board or commission is required by law or by local ordinance, rule, or regulation adopted by a municipal or parish governing authority to have one or more physician members on its board or commission, from leasing space for the provision of health care services from a hospital under the jurisdiction of the board or commission for fair market value. However, such licensed physician shall recuse himself from participating in any transaction involving a lease agreement to which he is permitted by this Subparagraph to be a party.
(d) Any licensed physician who is the child of a member of a board of commissioners of any hospital service district authorized by Chapter 10 of Title 46 of the Louisiana Revised Statutes of 1950, located within a parish that has a population of fifty thousand or less or for a hospital that is defined as a rural hospital pursuant to the Rural Hospital Preservation Act (R.S. 40:1189.1 et seq.) from contracting for professional health care services with the hospital over which the board exercises jurisdiction, from subcontracting with another professional health care provider who contracts for professional health care services with the hospital, or from owning an interest in any entity that contracts for professional health care services with the hospital.
(19) Any member of the Louisiana Wildlife and Fisheries Commission from holding or obtaining a renewal of oyster leases with the state, personally or through legal entities in which he has ownership interests, even though such leases are subject to the supervision and jurisdiction of the commission, provided that the member shall recuse himself or be disqualified by the commission from participating in any transaction involving the said oyster leases.
(20) An airport authority member or employee in an airport in any parish having a population of less than two hundred twenty-five thousand persons, according to the most recent census, or an airport authority member or employee in an airport in any parish having a population of two hundred twenty-five thousand persons or more according to the most recent census if the airport over which such an airport authority has jurisdiction does not have scheduled air service, from using any of the services available at the airport over which he exercises jurisdiction or by which he is employed; provided the services are available to the member or employee subject to the same terms, conditions, and availability as to any other member of the public, whether such services are obtained directly from the airport or from a fixed-based operator. The provisions of this Paragraph shall not apply to the Louisiana Airport Authority.
(21) A building inspector employed by a municipality with a population of twenty-five thousand persons or less as of the most recent federal decennial census, a member of such building inspector's immediate family, or a legal entity in which such building inspector has a controlling interest from performing construction services that are under the supervision or jurisdiction of the agency or governmental entity of the building inspector, provided such services are not performed during the building inspector's assigned working hours, do not interfere with the performance of his assigned duties, and do not include construction services performed for the agency or governmental entity of the building inspector. Under no circumstances shall the building inspector inspect his own work, the work of his immediate family, or the work of a legal entity in which the building inspector has a controlling interest. A "building inspector" shall mean any person employed by a municipality who tests, examines, or issues a permit for compliance with a building code as defined in R.S. 33:4771.
(22)(a) Any mayor or member of a governing authority of a municipality with a population of five thousand or less, or an immediate family member of such a mayor or governing authority member, or legal entity in which such a mayor, governing authority member, or immediate family member has a controlling interest, from entering into any transaction that is under the supervision or jurisdiction of the municipality.
(b) A transaction allowed by Subparagraph (a) of this Paragraph may only be entered into if the municipality submits a plan to the Louisiana Board of Ethics for approval and the board approves the plan. The municipality's plan shall be developed in accordance with the following:
(i) The elected official involved shall immediately recuse himself from acting in his governmental capacity in matters affecting the transaction and file quarterly affidavits concerning the recusal with the clerk of the municipality and the board. The affidavits shall set out the name and address of the elected official, the name and population of the municipality, and a description of the transactions involving the elected official, his immediate family member, or his or his immediate family member's legal entity that occurred during the preceding quarter. The plan of the municipality shall set out the due dates of the quarterly affidavits.
(ii) The plan developed by the municipality shall address how the transactions shall be supervised after the elected official is recused.
(iii) Individual transactions of two hundred fifty dollars or less shall not be subject to the provisions contained in Items (iv) and (v) of this Subparagraph until such transactions involving a single elected official or a legal entity in which he owns a controlling interest or an immediate family member or a legal entity in which he owns a controlling interest exceed two thousand five hundred dollars in the aggregate within the calendar year; thereafter the provisions contained in Items (iv) and (v) of this Subparagraph shall apply.
(iv) For transactions in excess of two hundred fifty dollars, but less than two thousand five hundred dollars, telephone quotations with written confirmation or facsimile quotations shall be solicited from at least three vendors within the municipality, the parish, or within a fifty-mile radius of the municipality. However, in the case of an emergency, no quotations shall be required so long as the elected official recuses himself from the transaction and files an affidavit as required in Item (i) of this Subparagraph within three business days of the occurrence of the transaction. "Emergency" shall be defined in the plan adopted by the municipality and subject to board approval.
(v) In the case of a transaction in excess of two hundred fifty dollars but less than two thousand five hundred dollars, if the quotation submitted by the elected official, his immediate family member, or legal entity in which the elected official or his immediate family member has a controlling interest is the lowest bid received by the municipality the transaction is allowed. The plan adopted by the municipality and subject to board approval may specify situations in which a quotation submitted by the elected official, his immediate family member, or his or his immediate family member's legal entity may be accepted even if it was not the lowest bid received by the municipality.
(vi) An elected official, his immediate family member, or legal entity in which the elected official or his immediate family member has a controlling interest may enter into transactions with the municipality in excess of two thousand five hundred dollars only after written invitations are sent to at least three bona fide qualified bidders, other than the elected official, his immediate family member, or his or his immediate family member's legal entity, and upon specific advance approval by the board. Any such request for approval shall include the details of the proposed transaction, a copy of the written invitation, copies of the bids received in response to the invitation, and the method of recusal developed by the municipality. The plan developed by the municipality shall set out the details of the bid process.
(23) Any member of the state or regional advisory committees for the office for citizens with developmental disabilities from being employed by a private, nonprofit, corporation, agency, organization, or association that receives state funds under contractual agreement with the office for citizens with developmental disabilities. However, such member shall recuse himself from participating in any action of the committee specifically relating to such contracts with the office for citizens with developmental disabilities for the receipt of state funds.
(24)(a) Any member of the State Licensing Board for Contractors from serving on such board even if he, a member of his immediate family, or a business in which he has a substantial economic interest has participated in a transaction that comes before such board for administrative action. However, such member shall recuse himself from participating in any administrative hearing specifically relating to such transaction. Investigations of such transactions by the staff of the State Licensing Board for Contractors without the direct involvement of such board shall not constitute a violation of this Chapter.
(b) Any member of the State Licensing Board for Contractors, or any legal entity in which he has an interest, from entering into a contract for commercial or residential contractor services or related consulting services for compensation with a person licensed by the board; provided that no member of the board shall use the authority of his office or position, directly or indirectly, in a manner intended to compel or coerce any person to enter into such a contract or to provide such board member or any other person with any thing of economic value. However, such member shall be specifically prohibited from providing consulting services for transactions that come before the board for administrative action. In addition, such member shall recuse himself from participating in any administrative hearing involving any licensee with whom he has an existing contractual relationship.
(25) Any client who is not also a vendor of a charitable organization from serving on its board of directors or advisory board, provided that such clients do not constitute twenty percent or more of the board of directors or advisory board. For the purposes of this Paragraph, "charitable organization" shall mean a nonprofit board or association of a community-based HIV/AIDS service corporation or organization domiciled in this state and qualified with the United States Internal Revenue Service for an exemption from federal income tax under Section 501(c)(3), (4), (5), (6), (7), (8), (10), or (19) of the Internal Revenue Code.
(26)(a) The acceptance by a public servant of anything of economic value as a gift or gratuity from any person when the value of such gift or gratuity does not exceed two hundred dollars per event, for flowers or a donation to an organization qualified for an exemption from federal income tax under Section 501 of the Internal Revenue Code in sympathy of the death of a member of the immediate family of a public servant.
(b)(i) The acceptance by a public servant of seasonal or holiday foods or nonalcoholic beverages that commemorate a religious or state holiday from any person if the value of such foods and beverages does not exceed the value provided for in R.S. 42:1115.1(C) per holiday.
(ii) If the food or drink is given to more than one public servant, the value of the food or drink provided to a public servant shall be determined by dividing the total cost of the food or drink provided by the total number of public servants to whom the food or drink is given.
(c) The acceptance by a public servant employed by a prekindergarten, kindergarten, elementary, or secondary school of anything of economic value as a gift from or on behalf of a student or former student when the value of the gift does not exceed twenty-five dollars and the aggregate value of all gifts from or on behalf of any one person pursuant to this Subparagraph does not exceed seventy-five dollars in a calendar year.
(27) Any board member of the Sabine River Authority who owns a lot contiguous to the "lease back" or "shore line" area of Toledo Bend Reservoir from exercising his option to lease the shore line area contiguous to his lot and obtain a permit for "domestic use", as defined in R.S. 38:2329, of the authority's water. As used in this Paragraph, the "lease back" area, which is also known as the "shore line", is that area owned by the Sabine River Authority, state of Louisiana, that is the property lying between the contour of 172 feet above mean sea level (the normal pool stage) and the contour of 175 feet above mean sea level, or a distance of 50 feet running horizontally from the 172 contour, whichever is greater, and which area is subject to an option to lease by the landowner of the contiguous lot as is provided in the Policy, Rules and Regulations of the Sabine River Authority as adopted by the board of commissioners on August 24, 1967.
(28) The lease of school buses by city, parish, and other local public school boards as provided in R.S. 17:158.7.
(29) A mayor of a municipality with a population not in excess of five thousand persons who is a licensed physician from contracting for the provision of health care services with the health insurer for the employees of his municipality.
(30) A public servant, a legal entity in which he has a controlling interest, or a member of his immediate family, from donating services, movable property, or funds to his agency. Nothing herein shall be construed to allow a public servant to make an appointment of a person which is otherwise prohibited by this Chapter.
(31)(a) Any former city, parish, or other local public school board member who holds a valid Louisiana teaching certificate from being employed by his former school board for any classroom teacher position with such board which requires a valid Louisiana teaching certificate.
(b) Any former city, parish, or other local school board member who holds a valid ancillary certificate in school psychology issued by the state Department of Education from being employed by his former school board for any certified school psychologist position with such board which requires such certificate.
(c) These exceptions shall apply only in parishes with a population not in excess of thirty-six thousand people, as determined by the latest federal decennial census.
(32)(a) Any advertising agency that has a contract for advertising services with the Department of Culture, Recreation and Tourism, the Department of Wildlife and Fisheries, Louisiana Economic Development, the Department of Transportation and Development, or the Department of Agriculture and Forestry from entering into contracts with any other person who engages in any transaction with the Department of Culture, Recreation and Tourism, the Department of Wildlife and Fisheries, Louisiana Economic Development, the Department of Transportation and Development, or the Department of Agriculture and Forestry.
(b) As used in this Paragraph, "advertising services" means the development, production, and dissemination of advertisements, public relations communications, or other forms of publicity.
(c) As used in this Paragraph, the term "advertising agency" means a corporation, limited liability company, or other juridical person that, as its primary business, acts on behalf of clients in connection with some or all of the following activities:
(i) Development and production of advertisements.
(ii) Placement of advertisements in the media.
(iii) Planning and conducting advertising and public relations campaigns.
(iv) Website design and other internet marketing functions.
(v) Branding and brand management.
(vi) Market research.
(33) The Metropolitan Council for the city of Baton Rouge and the parish of East Baton Rouge from appointing any one of its members to any board, commission, or other entity created by home rule charter, plan of government, state law, or local ordinance or resolution including but not limited to the Capital Transportation Corporation, Visit Baton Rouge, and the city-parish planning commission.
(34) A member of a municipal or parish governing authority, an appointed member of a planning or zoning or appeals board or commission of a parish or municipality, or a member of such public servant's immediate family or a legal entity in which any such person has an interest from making application for the approval of the subdivision or resubdivision of property and for the zoning of such property or for a building permit and any inspections performed pursuant thereto, provided that all of the following:
(a) The zoning of such subdivided property shall not be less restrictive than the zoning of the original parcel.
(b) The subdivision, resubdivision, or zoning of such property shall be for residential purposes only.
(c) The application or applications submitted by or on behalf of the public servant, a member of his immediate family, or legal entity, collectively, shall be limited to the subdivision, resubdivision, or zoning of not more than twelve lots per calendar year and the construction of not more than twelve residential units per calendar year.
(d) No public funds shall be used to construct any infrastructure for the use or benefit of such property or development.
(e) The public servant shall file written notice containing all details regarding the transaction deemed necessary by the Board of Ethics with his governing authority or board or commission and with the Board of Ethics no later than ten days prior to any hearing pertaining to any such application, or if no hearing is held pertaining to such application, shall file such notice at least ten days prior to final action on any such application.
(f) The public servant shall recuse himself from any vote related to such application and shall not participate in any other aspect of the application or transaction.
(35) Any volunteer fireman or uncompensated law enforcement officer or legal entity in which he has an interest from bidding on or entering into a contract, subcontract, or other transaction under the supervision and jurisdiction of his agency; provided that the volunteer fireman or uncompensated law enforcement officer shall receive no compensation or thing of economic value for his service as a volunteer fireman or uncompensated law enforcement officer, that the volunteer fireman or uncompensated law enforcement officer shall not be an agency head, and that the volunteer fireman or uncompensated law enforcement officer shall not participate on behalf of his agency in any capacity regarding such contract, subcontract, or other transaction.
(36) A public servant, an immediate family member of a public servant, or a legal entity in which the public servant or a member of his immediate family has a substantial economic interest from providing to an agency of the governmental entity of the public servant a thing of economic value to obtain advertisements or other recognition featuring the public servant, immediate family member, or the legal entity if:
(a) The public servant recuses or disqualifies himself on all matters involving the transaction, if applicable.
(b) The terms and conditions of the transaction are the same as or substantially similar to those available to similarly situated persons who are not public servants or related persons.
(c) The transaction is conducted without preference and in the same manner and subject to the same requirements and conditions applicable to the general public.
(d) The value of the transaction does not exceed ten thousand dollars. However, no person shall enter into separate transactions valued at ten thousand dollars or less as a subterfuge to avoid the limitation in this Subparagraph.
(37)(a) An insurance producer as defined in R.S. 22:1542, from serving as the insurance producer of record as provided in R.S. 22:1564(B) for a governmental entity; from providing any normal insurance services for a governmental entity; and from providing risk management services for a governmental entity, including but not limited to providing advice or recommendations regarding insurance coverages, markets, costs, terms, selection of coverages and all related matters or any combination thereof; provided that:
(i) An insurance producer, as defined in R.S. 22:1542, who provides or solicits to provide any of the services in this Subparagraph shall not serve in any other official decisionmaking capacity over insurance issues for the governmental entity, including but not limited to elected or appointed positions, advisory committees, as an employee, or as risk manager.
(ii) Any insurance producer who has served in any official decisionmaking capacity over insurance issues for a governmental entity, including but not limited to elected or appointed positions, advisory committees, as an employee, or as risk manager, and who wishes to solicit to provide any of the services in this Subparagraph for that same governmental entity shall comply with the provisions of R.S. 42:1121.
(b)(i) An insurance producer from being compensated by means of normal commissions or pursuant to a written contract providing for payment of a stipulated fee, or both for any of the services in Subparagraph (a) of this Paragraph; provided that the insurance producer shall fully disclose to the governmental entity in writing all fees, commissions, or other compensation payable to the producer from the insurer or any source other than the governmental entity that relate to the services provided.
(ii) An insurance producer who provides any of the services in Subparagraph (a) of this Paragraph for a governmental entity from receiving fees, commissions, or other compensation payable to the insurance producer from insurance companies for services rendered to those insurance companies for products or services sold to other governmental entities or persons that do not directly relate to the services provided by the insurance producer to the governmental entity; provided the insurance producer discloses to the governmental entity the name of any insurer or source from which he receives fees, commissions, or other compensation if such insurer or other source is providing or is seeking to provide services or insurance coverage to the governmental entity at the time the insurance producer is providing services to the governmental entity.
(c) Nothing in this Paragraph shall prohibit a governmental entity from contracting with an insurance producer separate from the producer of record to provide risk management services and to assist the governmental entity in making insurance decisions.
(d) The provisions of this Paragraph shall not apply to individually underwritten guaranteed renewable limited benefit health insurance policies.
(e) Nothing in this Section shall prevent a governmental entity from contracting with an insurance or risk management consultant who is not an insurance producer.
(38) A public servant from accepting services donated by an attorney licensed to practice law in Louisiana pursuant to a program adopted by the Louisiana Bar Association to provide such services. Any such adopted program shall be certified by the Bar Association to the board and only donations made after the acceptance of such certification by the board shall be allowed.
(39) An immediate family member of a legislator from being a registered lobbyist or from lobbying as provided in R.S. 24:50 et seq., provided each of the following:
(a) The immediate family member was a registered lobbyist as provided in R.S. 49:71 et seq., for at least one year prior to January 9, 2012, or was a registered lobbyist as provided in R.S. 24:50 et seq., for at least one year prior to January 1, 2009, or for at least one year prior to becoming an immediate family member of the legislator, or for at least one year prior to the legislator's initial election to the legislature.
(b) The immediate family member shall not lobby the legislator as provided in R.S. 24:51, or communicate with any public employee assigned to the district office of the legislator, with any public employee whose primary duty is to assist the individual legislator, or if the legislator is a committee chairman, with any public employee assigned to the committee of which the legislator is chairman concerning any matter which may be the subject of action by the legislature.
(40) A person from obtaining a permit, and entering into any transaction incidental thereto, under the provisions of the state uniform construction code (R.S. 40:1730.21 et seq.).
(41) A teacher, coach, or other educational professional from providing academic tutoring or athletic training services for compensation to students who attend the school at which the teacher, coach, or other educational professional is assigned or the waiver of any usage fees associated with use of school facilities for these purposes.
(42) A member of the Greater Baton Rouge Port Commission, an immediate family member of such a port commission member, or a legal entity in which such a port commission member or a member of his immediate family has a substantial economic interest from contracting for the sale of grain to the operator of a grain elevator that is owned, operated, or managed by the port commission provided that:
(a) The port commission member recuses himself on all matters involving such sale of grain and all matters related to the management and operation of the grain elevator.
(b) The terms and conditions of the sale are the same or substantially similar as a sale of grain by similarly situated persons who are not port commission members or related persons.
(43) Repealed by Acts 2018, No. 545, §1, effective May 28, 2018.
(44) A governing authority member or public employee of a political subdivision that operates parks or recreational facilities or an immediate family member of such a person from renting a park or recreation facility under the supervision or jurisdiction of the political subdivision for an event provided that the transaction is conducted without preference and in the same manner and subject to the same fees and conditions applicable to the general public.
(45) The continuation and renewal of a contract for the operation of a food-related retail establishment between a legal entity in which an elected official's immediate family member owns an interest and a hospital or hospital service district in a parish with a population of one hundred fifty thousand persons or less in accordance with the most recent federal decennial census if the original contract was entered into at least one year prior to the elected official's election as an agency head of the governmental entity of the hospital service district and if the original contract was not prohibited.
(46) A licensed pharmacist who is a member of a board of commissioners for any hospital service district authorized by Chapter 10 of Title 46 of the Louisiana Revised Statutes of 1950 located within a parish which has a population of one hundred twenty-five thousand or less from contracting with the hospital over which the board exercises jurisdiction, from subcontracting with another provider who contracts with such hospital or pharmacy, or from owning an interest in an entity that contracts with such hospital. However, such licensed pharmacist shall recuse himself from participating in any transaction before the board relating to any contracts entered into by him, or by a provider with which he subcontracts, or by any entity in which he owns an interest.
(47) A member of the board of commissioners of a groundwater district who is nominated by a privately owned entity that furnishes water for rural or municipal use within the district and who is appointed or commissioned by the governor and confirmed by the Senate, all pursuant to law, and who, at the time of nomination, is employed by, rendering compensated services to, or participating in a transaction with the member's respective nominating entity from being employed by, rendering compensated services to, or participating in transactions with the member's respective nominating entity.
(48) A member of the Louisiana Racing Commission or the Executive Director of the Louisiana Racing Commission from being an owner of a racehorse which participates in any race meeting licensed by the Louisiana Racing Commission or from being an owner of a horse that sired or bred a racehorse that participates in a race meeting licensed by the Louisiana Racing Commission, or from participating in a breeder or stallion award.
(49) A peace officer, as defined in R.S. 40:2402, or fireman, as defined in R.S. 40:1665, or his immediate family member may receive any thing of economic value from an organization qualified for an exemption from federal income tax under Section 501 of the Internal Revenue Code or a fund administered by such an organization as a member of a charitable class for the purpose of offsetting economic losses suffered by the peace officer or fireman or his immediate family member.
(50) A member or former member of the State Mineral and Energy Board from posting a bond or other security required by law or by the Department of Conservation and Energy.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1983, No. 719, §1; Acts 1985, No. 220, §1, eff. July 6, 1985; Acts 1985, No. 426, §2; Acts 1986, No. 374, §1; Acts 1987, No. 229, §1; Acts 1987, No. 370, §1; Acts 1987, No. 491, §1; Acts 1987, No. 593, §1, eff. July 9, 1987; Acts 1987, No. 624, §1; Acts 1988, No. 623, §1, eff. July 14, 1988; Acts 1989, No. 187, §1; Acts 1990, No. 97, §1; Acts 1991, No. 1037, §1; Acts 1992, No. 846, §1, eff. July 8, 1992; Acts 1993, No. 220, §1, eff. June 2, 1993; Acts 1993, No. 257, §1, eff. June 2, 1993; Acts 1993, No. 965, §2, eff. August 15, 1993; Acts 1993, No. 1037, §1; Acts 1995, No. 289, §2; Acts 1995, No. 1156, §1; Acts 1995, No. 1157, §1; Acts 1996, 1st Ex. Sess., No. 64, §11, eff. Jan. 1, 1997; Acts 1997, No. 501, §1; Acts 1997, No. 848, §1; Acts 1997, No. 893, §1; Acts 1997, No. 1107, §1; Acts 2000, 1st Ex. Sess., No. 140, §2, eff. April 19, 2000; Acts 2001, No. 323, §1; Acts 2001, No. 325, §1; Acts 2001, No. 580, §1; Acts 2001, No. 946, §2, eff. June 26, 2001; Acts 2001, No. 998, §1; Acts 2001, No. 1015, §1; Acts 2001, No. 1127, §1; Acts 2003, No. 183, §4; Acts 2003, No. 743, §2, eff. June 27, 2003; Acts 2003, No. 977, §1; Acts 2003, No. 992, §1, eff. July 2, 2003; Acts 2003, No. 996, §1, eff. July 2, 2003; Acts 2003, No. 1282, §1; Acts 2003, No. 1284, §1; Acts 2003, No. 1285, §1; Acts 2003, No. 1288, §1, eff. July 17, 2003; Acts 2004, No. 292, §1; Acts 2004, No. 696, §1; Acts 2004, No. 784, §1, eff. July 8, 2004; Acts 2006, 1st Ex. Sess., No. 22, §1, eff. Feb. 23, 2006; Acts 2006, No. 422, §1, eff. June 15, 2006; Acts 2007, No. 152, §§1, 2, eff. June 25, 2007; Acts 2007, No. 250, §1, eff. July 6, 2007; Acts 2008, 1st Ex. Sess., No. 7, §1, eff. April 26, 2008; Acts 2008, 1st Ex. Sess., No. 13, §3, eff. Jan. 1, 2009; Acts 2008, 1st Ex. Sess., No. 19, §2, eff. March 10, 2008; Acts 2008, No. 173, §1; Acts 2008, No. 301, §1, eff. June 17, 2008; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2008, No. 514, §1, eff. Jan. 1, 2009 (Para. (39)(a)) and §4, eff. June 30, 2008 (Para. (13) and (41)); Acts 2009, No. 308, §1; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2009, No. 534, §2, eff. July 16, 2009; Acts 2010, No. 597, §1, eff. June 25, 2010; Acts 2010, No. 784, §1; Acts 2010, No. 798, §1, eff. June 30, 2010; Acts 2010, No. 861, §18; Acts 2011, 1st Ex. Sess., No. 35, §1; Acts 2012, No. 737, §1, eff. June 11, 2012; Acts 2012, No. 811, §15, eff. July 1, 2012; Acts 2012, No. 864, §1; Acts 2014, No. 172, §1; Acts 2014, No. 334, §1, eff. May 30, 2014; Acts 2014, No. 747, §1, eff. June 19, 2014; Acts 2016, No. 87, §1, eff. May 11, 2016; Acts 2017, No. 30, §3, eff. June 3, 2017; Acts 2017, No. 408, §1, eff. June 26, 2017; Acts 2018, No. 182, §1; Acts 2018, No. 200, §2; Acts 2018, No. 519, §1; Acts 2018, No. 545, §1, eff. May 28, 2018; Acts 2018, No. 588, §1; Acts 2018, No. 616, §1; Acts 2021, No. 340, §1; Acts 2022, No. 304, §1, eff. June 10, 2022; Acts 2024, No. 492, §1, eff. June 5, 2024; Acts 2024, No. 679, §1, eff. June 19, 2024; Acts 2025, No. 301, §1, eff. June 11, 2025.
The provisions of this Chapter shall not apply to a nonprofit entity operating a hospital in a building or facility owned by Hospital Service District Number Two of Beauregard Parish.
Acts 2013, No. 411, §1.
NOTE: See Acts 2013, No. 411, §2 relative to applicability.
A.(1) The provisions of R.S. 42:1111(C), 1112, and 1113 shall not apply to an exempted physician in the performance of the functions and duties of a position listed in Subsection D of this Section or to the practice of medicine by the exempted physician outside of the performance of such functions and duties.
(2) The provisions of R.S. 42:1111(E) shall not apply to an exempted physician but only to the extent that the transaction with the Louisiana Department of Health is limited to and necessary for the physician's medical care of patients.
B. The provisions of R.S. 42:1121 shall not apply to a former exempted physician who served in the position described in Paragraph (D)(4) of this Section.
C. Prior to being employed by or contracting with the Louisiana Department of Health or an agency thereof to serve in a position listed in Subsection D of this Section, a licensed Louisiana physician shall disclose to the secretary of the Louisiana Department of Health any possible conflicts of interest that could arise in performing the functions and duties of the position, including outside employment and business interests. All such disclosures shall be written and shall be a public record.
D. For purposes of this Section, "exempted physician" means a licensed Louisiana physician who is employed by or who has contracted with the Louisiana Department of Health or an agency thereof to serve in any of the following positions:
(1) Assistant secretary for the office of public health.
(2) Medicaid medical director.
(3) Medical director of the office of behavioral health.
(4) Physician, Eastern Louisiana Mental Health System, competency restoration program.
(5) Cancer policy director.
(6) The surgeon general of the office of the surgeon general.
E.(1) The compensation paid by the Louisiana Department of Health to each physician in a position listed in Subsection D of this Section shall be commensurate with the number of hours worked in such position by the physician.
(2) Each physician in a position listed in Paragraph (D)(1), (2), (3), or (5) of this Section shall be required to work full-time in the position.
F. The Louisiana Department of Health shall submit a quarterly report to the legislature containing the name of the physician in a position listed in Subsection D of this Section, the position, the number of hours worked by the physician during the previous quarter, and the amount of compensation received by the physician from the department during the previous quarter.
Acts 2018, No. 463, §1; Acts 2024, No. 739, §3, eff. June 19, 2024.
A. The following persons shall annually file a financial statement as provided in this Section:
(1) Each person holding statewide elected office.
(2) The secretary of each of the following departments of state government:
(a) Louisiana Economic Development.
(b) The Department of Culture, Recreation and Tourism.
(c) The Department of Environmental Quality.
(d) The Louisiana Department of Health.
(e) Louisiana Works.
(f) The Department of Conservation and Energy.
(g) The Department of Public Safety and Corrections.
(h) The Department of Revenue.
(i) The Department of Children and Family Services.
(j) The Department of Transportation and Development.
(k) The Department of Wildlife and Fisheries.
(l) The Department of Veterans Affairs.
(3) The executive secretary of the Public Service Commission.
(4) The director of state civil service.
(5) The superintendent of education, the commissioner of higher education, and the president of each public postsecondary education system.
(6) The commissioner of the division of administration.
(7) The policy director in the office of the governor.
(8) The chief of staff of the office of the governor.
(9) The executive counsel to the governor.
(10) The deputy chief of staff of the office of the governor.
(11) The legislative director in the office of the governor.
B.(1) The financial statement required by this Section shall be filed by May fifteenth of each year during which the person holds an office or position included in Subsection A of this Section and, except as provided in Paragraph (2) of this Subsection, by May fifteenth of the year following the termination of the holding of such office or position. The financial statement shall include the information required by Subsection C of this Section for the preceding calendar year.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, if the holding of the office or position terminates in the month of January, the person shall not be required to file a financial statement pursuant to this Section in the year following the termination of the holding of the office or position if the person files a financial statement by May fifteenth of the year in which the holding of the office or position terminated containing the information required by Subsection C of this Section for the period in which the person held the office or position during that year.
C. The financial statement required by this Section shall be filed on a form prescribed by the Board of Ethics and shall include the following information:
(1) The full name and mailing address of the individual who is required to file.
(2) The full name of the individual's spouse, if any, and the spouse's occupation.
(3) The name of the employer, job title, and a brief job description of each full-time or part-time employment position held by the individual or spouse.
(4)(a) The name, address, brief description of, and nature of association with and the amount of interest in each business in which the individual or spouse is a director, officer, owner, partner, member, or trustee, or in which the individual or spouse, either individually or collectively, owns an interest which exceeds ten percent of that business.
(b) The name, address, brief description of, and nature of association with a nonprofit organization in which the individual or spouse is a director or officer.
(5)(a) The name, address, type, and amount of each source of income received during the immediately preceding calendar year by the individual or spouse, or by any business in which the individual or spouse, either individually or collectively, owns an interest which exceeds ten percent of that business, which is received from any of the following:
(i) The state or any political subdivision as defined in Article VI of the Constitution of Louisiana.
(ii) Services performed for or in connection with a gaming interest as defined in R.S. 18:1505.2(L)(3)(a).
(b) Notwithstanding the provisions of Subsection D of this Section, amounts reported pursuant to this Paragraph shall be reported by specific amount rather than by category of value.
(6) The name, address, type, and amount of each source of income, in excess of one thousand dollars, received by the individual or spouse, and the nature of the services rendered therefor, if any, not already disclosed under Paragraph (5) of this Subsection. For income derived from professional or consulting services rendered, including mental health, medical health, or legal services, when the disclosure of the name or address of any source of income would be prohibited by law or by a professional code, the individual need only include the number of clients and amount of income for each of the following applicable industry types:
(a) Utilities:
(i) Electric.
(ii) Gas.
(iii) Telephone.
(iv) Water.
(v) Cable television companies.
(b) Transportation:
(i) Intrastate companies.
(ii) Pipeline companies.
(iii) Oil and gas exploration.
(iv) Oil and gas production.
(v) Oil and gas retailers.
(c) Finance and insurance:
(i) Banks.
(ii) Savings and loan associations.
(iii) Loan and/or finance companies.
(iv) Manufacturing firms.
(v) Mining companies.
(vi) Life insurance companies.
(vii) Casualty insurance companies.
(viii) Other insurance companies.
(d) Retail companies:
(i) Beer companies.
(ii) Wine companies.
(iii) Liquor companies.
(iv) Beverage distributors.
(e) Associations:
(i) Trade.
(ii) Professional.
(f) Other (specify).
(7) A brief description, fair market value or use value as determined by the assessor for purposes of ad valorem taxes, and the address, if any, and if no address, the location by state and parish or county, of each parcel of immovable property in which the individual or spouse, either individually or collectively, has an interest, provided that the value of the interest that the individual or spouse, either individually or collectively, has in the parcel of immovable property exceeds five thousand dollars.
(8) A brief description, amount, and date of any purchase or sale by the individual or spouse, in excess of five thousand dollars, of any immovable property, and of any personally owned tax credit certificates, stocks, bonds, or commodities futures, including any option to acquire or dispose of any immovable property or of any personally owned tax credit certificates, stocks, bonds, or commodities futures. Nothing in this Paragraph shall require the reporting of information concerning mutual funds, exchange-traded funds, variable annuities, variable life insurance, or variable universal life insurance.
(9) The name, brief description, and amount of each investment security having a value exceeding five thousand dollars held by the individual or spouse, excluding variable annuities, variable life insurance, variable universal life insurance, whole life insurance, any other life insurance product, mutual funds, exchange-traded funds, education investment accounts, retirement investment accounts, government bonds, and cash or cash equivalent investments. This Paragraph shall not be deemed to require disclosure of information concerning any property held and administered for any person other than the individual or spouse under a trust, tutorship, curatorship, or other custodial instrument.
(10) The name, address, amount, name of guarantor, if any, and nature of each liability owed to any creditor by the individual or spouse which exceeds ten thousand dollars, excluding:
(a) Any loan secured by movable property, if such loan does not exceed the purchase price of the movable property which secures it.
(b) Any liability, secured or unsecured, which is guaranteed by the individual or spouse for a business in which the individual or spouse owns any interest, provided that the liability is in the name of the business and, if the liability is a loan, that the individual or spouse does not use proceeds from the loan for personal use unrelated to the business.
(c) Any loan from an immediate family member, unless such family member is a registered lobbyist, or his principal or employer is a registered lobbyist, or he employs or is a principal of a registered lobbyist, or unless such family member has a contract with the state.
(11) A certification that such individual has filed his federal and state income tax returns, or has filed for an extension of time for filing such tax returns.
D.(1) When an amount is required to be disclosed pursuant to this Section, it shall be sufficient to report the amount by category of value. The categories shall be:
(a) Category I, less than $5,000.
(b) Category II, $5,000-$24,999.
(c) Category III, $25,000-$49,999.
(d) Category IV, $50,000-$99,999.
(e) Category V, $100,000-$199,999.
(f) Category VI, $200,000 or more.
(2) Except as provided in Paragraph (C)(7) of this Section, amounts required to be disclosed shall be valued at actual or fair market value, whichever is greater.
E. The financial statement shall be filed electronically with the Board of Ethics through the Board of Ethics Computerized Data Management System and shall be accompanied by the certification of the individual filing it certifying that the information contained in the financial statement is true and correct to the best of his knowledge, information, and belief. The financial statement shall be a public record, subject to the provisions of Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950.
F.(1) For the purposes of this Section, an individual or spouse shall not transfer any asset, interest, or liability required to be disclosed pursuant to this Section to any person or business for the purpose of avoiding disclosure, unless such transfer is irrevocable. A transfer shall not be irrevocable if there exists any contract, letter, counter letter, note, or any other legally enforceable agreement or authority which if exercised or enforced would require or authorize any asset, interest, or liability transferred by an individual or spouse to a person or business to revert back to such individual or spouse.
(2)(a) The sale of property subject to owner financing shall not be a transfer prohibited by Paragraph (1) of this Subsection provided that the income from the sale is disclosed in accordance with the provisions of this Section.
(b) A recorded bond for deed contract shall not be a transfer prohibited by Paragraph (1) of this Subsection.
G. For purposes of this Section, the following words shall have the following meanings:
(1) "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, business, organization, self-employed individual, holding company, trust, or any other legal entity or person.
(2)(a) "Income" for a business shall mean gross income less both of the following:
(i) Costs of goods sold.
(ii) Operating expenses.
(b) "Income" for an individual shall mean taxable income and shall not include any income received pursuant to a life insurance policy.
H. Nothing in this Section shall require the disclosure or reporting of income derived from child support and alimony payments contained in a court order or from disability payments from any source.
Added by Acts 1982, No. 747, §2; Acts 1996, 1st Ex. Sess., No. 64, §11, eff. Jan. 1, 1997; Acts 1996, 1st Ex. Sess., No. 66, §3, eff. Jan. 1, 1997; Acts 1999, No. 2, §1, eff. April 22, 1999; Acts 2008, 1st Ex. Sess., No. 1, §2, eff. Jan. 1, 2009; Acts 2008, No. 162, §2, eff. Jan. 1, 2009; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2012, No. 574, §2, eff. Jan. 1, 2013; Acts 2014, No. 612, §1, eff. Jan. 1, 2015; Acts 2016, No. 427, §1, eff. Jan. 1, 2017; Acts 2023, No. 150, §16, eff. Jan. 10, 2024; Acts 2024, No. 282, §1, eff. Jan. 1, 2025; Acts 2025, No. 301, §1, eff. June 11, 2025.
A.(1) Whoever fails to file a financial statement required by this Part, except for statements required by R.S. 42:1124, 1124.2, 1124.2.1, and 1124.3, or knowingly and willfully fails to timely file any such statement, or knowingly and willfully fails to disclose or to accurately disclose any information required by this Part shall be assessed a civil penalty pursuant to R.S. 42:1157 for each day until such statement or the required accurate information is filed.
(2) The amount of such penalty shall be two hundred fifty dollars per day for statements required by R.S. 42:1114.
B. Whoever knowingly and willfully files a false report required by this Part, except for statements required by R.S. 42:1124, 1124.2, 1124.2.1, or 1124.3, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned in parish prison for not more than six months, or both. Any prosecution under this Subsection shall be tried before a jury of six persons, all of whom must concur to render a verdict.
C. "Knowingly and willfully" for purposes of this Section means conduct which could have been avoided through the exercise of due diligence.
Acts 1999, No. 2, §1, eff. April 22, 1999; Acts 1999, No. 1349, §2, eff. July 12, 1999; Acts 2008, 1st Ex. Sess., No. 1, §2, eff. Jan. 1, 2009; Acts 2008, No. 472, §1, eff. Jan.1, 2009; Acts 2024, No. 664, §3, eff. Jan. 1, 2025.
A. Each of the following, except a person who is required to file a financial statement pursuant to R.S. 42:1124, shall annually file a financial statement as provided in this Section:
(1) Each member of the state legislature.
(2) Each person holding a public office who represents a voting district having a population of five thousand or more persons.
(3) Each member of the Board of Ethics and the ethics administrator.
(4) Each member of the State Board of Elementary and Secondary Education.
(5) The superintendent of the Recovery School District.
(6) The executive director of the Louisiana Housing Corporation.
(7) Each member of the Board of Pardons.
B.(1) The financial statement required by this Section shall be filed by May fifteenth of each year during which the person holds an office or position included in Subsection A of this Section and, except as provided in Paragraph (3) of this Subsection, by May fifteenth of the year following the termination of the holding of such office or position. The financial statement shall include the information required by Subsection C of this Section for the preceding calendar year.
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, the financial statement required by this Section may be filed within thirty days after the individual files his federal tax return for the year on which he is reporting, taking into consideration any extensions filed by the individual, provided that he notifies the Board of Ethics prior to the deadline provided in Paragraph (1) of this Subsection of his intention to do so and of the deadline for filing his federal tax return pursuant to the extension filed.
(b) An individual who has notified the Board of Ethics pursuant to Subparagraph (a) of this Paragraph and who does not file his financial statement within thirty days after the expiration of the original extension, shall notify the Board of Ethics of each extension he is granted beyond the original extension and the length of the extension until the required financial statement is filed. An individual shall file each notification required by this Subparagraph within thirty days after the expiration of the prior extension.
(3) Notwithstanding the provisions of Paragraph (1) of this Subsection, if the holding of the office or position terminates in the month of January, the person shall not be required to file a financial statement pursuant to this Section in the year following the termination of the holding of the office or position if the person files a financial statement by May fifteenth of the year in which the holding of the office or position terminated containing the information required by Subsection C of this Section for the period in which the person held the office or position during that year.
C. The financial statement required by this Section shall be filed on a form prescribed by the Board of Ethics and shall include the following information:
(1) The full name and mailing address of the individual who is required to file.
(2) The full name of the individual's spouse, if any, and the spouse's occupation and principal business address.
(3) The name of the employer, job title, and a brief job description of each full-time or part-time employment position held by the individual or spouse.
(4)(a) The name, address, brief description of, and nature of association with and the amount of interest in each business in which the individual or spouse is a director, officer, owner, partner, member, or trustee, and in which the individual or spouse, either individually or collectively, owns an interest which exceeds ten percent of that business.
(b) The name, address, brief description of, and nature of association with a nonprofit organization in which the individual or spouse is a director or officer.
(5)(a)(i) The name, address, type, and amount of each source of income received by the individual or spouse, or by any business in which the individual or spouse, either individually or collectively, owns an interest which exceeds ten percent of that business, which is received from any of the following:
(aa) The state or any political subdivision as defined in Article VI of the Constitution of Louisiana.
(bb) Services performed for or in connection with a gaming interest as defined in R.S. 18:1505.2(L)(3)(a).
(ii) Notwithstanding the provisions of Subsection D of this Section, amounts reported pursuant to this Subparagraph shall be reported by specific amount rather than by category of value.
(b) The name and address of any employer which provides income to the individual or spouse pursuant to the full-time or part-time employment of the individual or spouse, including a brief description of the nature of the services rendered pursuant to such employment and the amount of such income, excluding information required to be reported pursuant to Subparagraph (a) of this Paragraph.
(c) The name and address of all businesses which provide income to the individual or spouse, including a brief description of the nature of services rendered for each business or of the reason such income was received, and the aggregate amount of such income, excluding information required to be reported pursuant to Subparagraph (a) or (b) of this Paragraph.
(d) A description of the type of any other income, exceeding one thousand dollars received by the individual or spouse, including a brief description of the nature of the services rendered for the income or the reason such income was received, and the amount of income, excluding information required to be reported pursuant to Subparagraph (a), (b), or (c) of this Paragraph.
(6) A brief description, fair market value or use value as determined by the assessor for purposes of ad valorem taxes, and the location by state and parish or county of each parcel of immovable property in which the individual or spouse, either individually or collectively, has an interest, provided that the value of the interest that the individual or spouse, either individually or collectively, has in the parcel of immovable property exceeds five thousand dollars.
(7) The name and a brief description of each investment security having a value exceeding five thousand dollars held by the individual or spouse excluding variable annuities, variable life insurance, variable universal life insurance, whole life insurance, any other life insurance product, mutual funds, exchange-traded funds, education investment accounts, retirement investment accounts, government bonds, and cash or cash equivalent investments. This Paragraph shall not be deemed to require disclosure of information concerning any property held and administered for any person other than the individual or spouse under a trust, tutorship, curatorship, or other custodial instrument.
(8) A brief description, amount, and date of any purchase or sale by the individual or spouse, in excess of five thousand dollars, of any immovable property and of any personally owned tax credit certificates, stocks, bonds, or commodities futures, including any option to acquire or dispose of any immovable property or of any personally owned tax credit certificates, stocks, bonds, or commodities futures. This Paragraph shall not be deemed to require disclosure of information concerning variable annuities, variable life insurance, variable universal life insurance, whole life insurance, any other life insurance product, mutual funds, exchange-traded funds, education investment accounts, retirement investment accounts, government bonds, cash, or cash equivalent investments.
(9) The name and address of each creditor, and name of each guarantor, if any, to whom the individual or spouse owes any liability which exceeds ten thousand dollars on the last day of the reporting period excluding:
(a) Any loan secured by movable property, if such loan does not exceed the purchase price of the movable property which secures it.
(b) Any liability, secured or unsecured, which is guaranteed by the individual or spouse for a business in which the individual or spouse owns any interest, provided that the liability is in the name of the business and, if the liability is a loan, that the individual or spouse does not use proceeds from the loan for personal use unrelated to the business.
(c) Any loan by a licensed financial institution which loans money in the ordinary course of business.
(d) Any liability resulting from a consumer credit transaction as defined in R.S. 9:3516(13).
(e) Any loan from an immediate family member, unless such family member is a registered lobbyist, or his principal or employer is a registered lobbyist, or he employs or is a principal of a registered lobbyist, or unless such family member has a contract with the state.
(10) A certification that such individual has filed his federal and state income tax returns, or has filed for an extension of time for filing such tax returns.
D. When an amount is required to be disclosed pursuant to this Section, it shall be sufficient to report the amount by the following categories:
(a) Category I, less than $10,000.
(b) Category II, $10,000 to $49,999.
(c) Category III, $50,000 to $100,000.
(d) Category IV, more than $100,000.
E. The financial statement shall be filed electronically with the Board of Ethics through the Board of Ethics Computerized Data Management System and shall be accompanied by the certification of the individual filing it certifying that the information contained in the financial statement is true and correct to the best of his knowledge, information, and belief. The financial statement shall be a public record, subject to the provisions of Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950.
F.(1) For purposes of this Section, an individual or spouse shall not transfer any asset, interest, or liability required to be disclosed pursuant to this Section to any person or business for the purpose of avoiding disclosure, unless such transfer is irrevocable. A transfer shall not be irrevocable if there exists any contract, letter, counter letter, note, or any other legally enforceable agreement or authority which if exercised or enforced would require or authorize any asset, interest, or liability transferred by an individual or spouse to a person or business to revert back to such individual or spouse.
(2)(a) The sale of property subject to owner financing shall not be a transfer prohibited by Paragraph (1) of this Subsection provided that the income from the sale is disclosed in accordance with the provisions of this Section.
(b) A recorded bond for deed contract shall not be a transfer prohibited by Paragraph (1) of this Subsection.
G. For purposes of this Section, the following words shall have the following meanings:
(1) "Business" shall have the same meaning as provided in R.S. 42:1124.
(2)(a) "Income" for a business shall mean gross income less both of the following:
(i) Costs of goods sold.
(ii) Operating expenses.
(b) "Income" for an individual shall mean taxable income and shall not include any income received pursuant to a life insurance policy.
(3) "Public office" shall have the same meaning as provided in R.S. 18:1483.
(4) Repealed by Acts 2008, No. 472, §3, Jan. 1, 2009.
H. Relative to members of the legislature, the Board of Ethics shall promptly notify the clerical officer of the house of the legislature to which a member is elected of all violations of the provisions of this Section.
I. Nothing in this Section shall require the disclosure or reporting of income derived from child support and alimony payments contained in a court order or from the reporting or disclosure of income derived from disability payments from any source.
Acts 2008, 1st Ex. Sess., No. 1, §2, eff. Jan. 1, 2009; Acts 2008, No. 162, §1, eff. Jan. 1, 2009; Acts 2008, No. 472, §§1, 3, eff. Jan. 1, 2009; Acts 2011, No. 333, §2; Acts 2011, No. 408, §2, eff. July 5, 2011; Acts 2012, No. 574, §2, eff. Jan. 1, 2013; Acts 2012, No. 714, §2; Acts 2014, No. 612, §1, eff. Jan. 1, 2015; Acts 2014, No. 656, §1; Acts 2016, No. 427, §1, eff. Jan. 1, 2017; Acts 2024, No. 282, §1, eff. Jan. 1, 2025; Acts 2025, No. 301, §1, eff. June 11, 2025.
A. Each of the following, except a person who is required to file a financial statement pursuant to R.S. 42:1124 or 1124.2, shall annually file a financial statement as provided in this Section:
(1) Each member and any designee of a member of a board or commission that has the authority to expend, disburse, or invest ten thousand dollars or more of funds in a fiscal year.
(2) Each member of the State Civil Service Commission.
(3) Each member of the Board of Commissioners of the Louisiana Stadium and Exposition District.
(4) The executive director or person holding the equivalent position of each state and statewide retirement system specified in R.S. 11:4.
B.(1) The financial statement required by this Section shall be filed by May fifteenth of each year during which the person holds an office included in Subsection A of this Section and, except as provided in Paragraph (2) of this Subsection, by May fifteenth of the year following the termination of the holding of such office. The financial statement shall include the information required by Subsection C of this Section for the preceding calendar year.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, if the holding of the office or position terminates in the month of January, the person shall not be required to file a financial statement pursuant to this Section in the year following the termination of the holding of the office or position if the person files a financial statement by May fifteenth of the year in which the holding of the office or position terminated containing the information required by Subsection C of this Section for the period in which the person held the office or position during that year.
C. The financial statement required by this Section shall be filed on a form prescribed by the Board of Ethics and shall include the following information:
(1) The full name and mailing address of the individual who is required to file.
(2) The full name of the individual's spouse, if any, and the spouse's occupation and principal business address.
(3) The name of the employer, job title, and a brief job description of each full-time or part-time employment position held by the individual or spouse.
(4)(a) The name, address, brief description of, and nature of association with and the amount of interest in each business in which the individual or spouse is a director, officer, owner, partner, member, or trustee, and in which the individual or spouse, either individually or collectively, owns an interest which exceeds ten percent of that business.
(b) The name, address, brief description of, and nature of association with a nonprofit organization in which the individual or spouse is a director or officer.
(5) The name, address, type, and amount of each source of income received by the individual or spouse, or by any business in which the individual or spouse, either individually or collectively, owns an interest which exceeds ten percent of that business, which is received from any of the following:
(a) The state or any political subdivision as defined in Article VI of the Constitution of Louisiana.
(b) Services performed for or in connection with a gaming interest as defined in R.S. 18:1505.2(L)(3)(a).
(6) A certification that such individual has filed his federal and state income tax returns, or has filed for an extension of time for filing such tax return.
(7) One of the following:
(a) A certification that neither the individual nor any member of his immediate family had a personal or financial interest in any entity, contract, or business or a personal or financial relationship that in any way posed a conflict of interest which affected the impartial performance of the individual's duties as a member of the board or commission.
(b) A statement describing each conflict and any action the individual took to resolve or avoid the conflict.
D. For the purposes of this Section, the following words shall have the following meanings:
(1)(a) "Board or commission" shall mean:
(i) Each board, commission, and like entity created by law or executive order that is made a part of the executive branch of state government by the provisions of Title 36 of the Louisiana Revised Statutes of 1950, or that is placed in an executive branch department or in the office of the governor or lieutenant governor by law or executive order, or that exercises any authority or performs any function of the executive branch of state government.
(ii) Each board, commission, and like entity created by the constitution, by law, by a political subdivision, except as provided in Subparagraph (b) of this Paragraph, or jointly by two or more political subdivisions as a governing authority of a political subdivision of the state or of a local government.
(b) "Board or commission" shall not mean:
(i) The governing authority of a parish.
(ii) Any board or commission or like entity that governs a political subdivision created by a single parish governing authority of a parish with a population of two hundred thousand or less, or any subdistrict of such a political subdivision.
(iii) The governing authority of a municipality.
(iv) Any board or commission or like entity that governs a political subdivision created by a single municipal governing authority of a municipality with a population of twenty-five thousand or less, or any subdistrict of such a political subdivision.
(v) A board of directors of a private nonprofit corporation that is not specifically created by law.
(vi) Any board or commission that does not have the authority to expend, disburse, or invest more than fifty thousand dollars of funds in a fiscal year and whose members are not eligible to receive any compensation, per diem, or reimbursement of expenses for service on the board or commission.
(vii) Any board or commission that is the governing authority of a special district established by Chapter 29 of Title 33 of the Louisiana Revised Statutes of 1950 or pursuant to Chapter 30-A of Title 33 of the Louisiana Revised Statutes of 1950 for the purpose of improvement or beautification of the district or promoting and adding to the security of district residents, provided that the boundaries of the special district are not coterminous with the boundaries of a parish or municipality and provided that the board or commission does not have the authority to collect, expend, disperse, or invest more than five hundred thousand dollars of funds in a fiscal year.
(2) "Business" shall have the same meaning as provided in R.S. 42:1124.
(3)(a) "Income" for a business shall mean gross income less both of the following:
(i) Costs of goods sold.
(ii) Operating expenses.
(b) "Income" for an individual shall mean taxable income and shall not include any income received pursuant to a life insurance policy.
(4) "Public office" shall have the same meaning as provided in R.S. 18:1483.
Acts 2008, No. 472, §1, eff. Jan. 1, 2009; Acts 2012, No. 574, §2, eff. Jan. 1, 2013; Acts 2015, No. 450, §1, eff. July 1, 2015; Acts 2016, No. 410, §1; Acts 2018, No. 538, §1.
A. Each person holding a public office who represents a voting district having a population of fewer than five thousand and each member of the governing authority or management board of a charter school created pursuant to Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950, except any person who is required to file a financial statement by R.S. 42:1124, 1124.2, or 1124.2.1 shall annually file a financial statement as provided in this Section.
B.(1) The financial statement required by this Section shall be filed by May fifteenth of each year during which the person holds an office included in Subsection A of this Section and, except as provided in Paragraph (2) of this Subsection, by May fifteenth of the year following the termination of the holding of such office. The financial statement shall include the information required by Subsection C of this Section for the preceding calendar year.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, if the holding of the office or position terminates in the month of January, the person shall not be required to file a financial statement pursuant to this Section in the year following the termination of the holding of the office or position if the person files a financial statement by May fifteenth of the year in which the holding of the office or position terminated containing the information required by Subsection C of this Section for the period in which the person held the office or position during that year.
C. The financial statement required by this Section shall be filed on a form prescribed by the Board of Ethics and shall include the following information:
(1)(a) Any and all income exceeding five hundred dollars received during the immediately preceding calendar year by the individual who is required to file or the spouse of such individual which is received from any of the following:
(i) The state or any political subdivision as defined in Article VI of the Constitution of Louisiana.
(ii) Services performed for or in connection with a gaming interest as defined in R.S. 18:1505.2(L)(3)(a).
(b) Any and all income exceeding five hundred dollars received during the immediately preceding calendar year by any business in which the individual required to file or his spouse, individually or collectively, owns at least ten percent, which is received for services performed for or in connection with a gaming interest as defined in R.S. 18:1505.2(L)(3)(a).
(c) Each contract entered into during the immediately preceding calendar year by any business in which the individual required to file or his spouse, individually or collectively, owns at least ten percent with the state or any political subdivision as defined in Article VI of the Constitution of Louisiana, including the amount or value of the contract, the duration of the contract, and a description of the goods or services provided or to be provided pursuant to the contract.
(2) A certification that such individual has filed his federal and state income tax return, or has filed for an extension of time for filing such tax return.
(3) The full name and mailing address of the individual who is required to file.
(4) The full name of the individual's spouse, if any, and the spouse's occupation and principal business address.
(5) The name of the employer, job title, and a brief job description of each full-time or part-time employment held by the individual or spouse.
D. For purposes of this Section, the following words shall have the following meanings:
(1) "Business" and "income" shall have the same meanings as provided in R.S. 42:1124.
(2) "Public office" shall have the same meaning as provided in R.S. 18:1483.
Acts 2008, 1st Ex. Sess., No. 1, §2, eff. Jan. 1, 2010; Acts 2008, No. 162, §3, eff. Jan. 1, 2010; Acts 2008, No. 472, §2, eff. Jan. 1, 2010; Acts 2010, No. 786, §1; Acts 2012, No. 574, §2, eff. Jan. 1, 2013; Acts 2014, No. 744, §2; Acts 2016, No. 559, §1, eff. Jan. 1, 2017; Acts 2025, No. 301, §1, eff. June 11, 2025.
A.(1) If a person fails to timely file a financial statement as required by R.S. 18:1495.7 or by R.S. 42:1124, 1124.2, 1124.2.1, or 1124.3, or a person omits any information required to be included in the statement, or the board has reason to believe information included in the statement is inaccurate, the board shall notify the person of such failure, omission, or inaccuracy by sending him by certified mail or service of process a notice of delinquency immediately upon discovery of the failure, omission, or inaccuracy.
(2) The notice of delinquency shall inform the person that the financial statement must be filed, or that the information must be disclosed or accurately disclosed, or that a written answer contesting the allegation of such a failure, omission, or inaccuracy must be filed no later than seven business days after receipt of the notice of delinquency. The notice shall include the deadline for filing the statement, filing the answer, or disclosing or accurately disclosing the information.
(3) The board shall inform the person in the notice of delinquency that failure to file the statement, to disclose or accurately disclose the information, or to file an answer contesting the allegation by the deadline may result in the imposition of penalties as provided in Subsection C of this Section.
B.(1) If the person files the statement, provides the omitted information, or corrects the inaccurate information prior to the deadline contained in the notice of delinquency, no penalties shall be assessed against the person. If the person files a written answer contesting the allegations prior to the deadline contained in the notice of delinquency, no penalties shall be assessed until a determination is made by the board that a violation occurred.
(2) If the person fails to file the statement, fails to provide the omitted information, fails to correct the inaccurate information, or fails to file a written answer prior to the deadline contained in the notice of delinquency, he may be subject to assessment of the penalties provided in Subsection C of this Section for each day until the statement, omitted information, corrected information, or written answer is filed.
(3) Upon a finding by the board in connection with a written answer that no violation has occurred, no penalties shall be assessed against the person. If the board finds in connection with a written answer that the person has failed to file the statement or failed to disclose or accurately disclose the required information, he shall be subject to assessment of the penalties provided in Subsection C of this Section for each day until the statement is filed, until the omitted information is filed, or until the inaccurate information is corrected.
C. Penalties may be assessed as follows:
(1) Five hundred dollars per day for financial statements required by R.S. 42:1124.
(2) One hundred dollars per day for statements required by R.S. 42:1124.2.
(3) Fifty dollars per day for statements required by R.S. 42:1124.2.1.
(4) Twenty-five dollars per day for statements required by R.S. 42:1124.3.
(5) The penalties to be assessed candidates shall be assessed according to which financial statement the candidate is required to file as provided in R.S. 18:1495.7.
D.(1)(a) A finding by the board after the notice provided for in Paragraph (A)(1) of this Section that a person has willfully and knowingly failed to file a statement, willfully and knowingly failed to timely file a statement, willfully and knowingly omitted information from a statement, or willfully and knowingly provided inaccurate information in a statement shall subject the person to prosecution for a misdemeanor.
(b)(i) Upon first conviction thereof, the person shall be fined not less than one thousand dollars nor more than five thousand dollars.
(ii) Upon a second or subsequent conviction for violation of the same reporting requirement, the person shall be fined not less than one thousand dollars nor more than ten thousand dollars.
(2) Any person prosecuted under this Subsection shall have a right to be tried before a jury of six persons, all of whom shall concur to render a verdict.
(3)(a) Findings pursuant to this Section shall be made by the board at a public hearing conducted for that purpose.
(b) Any public hearing conducted pursuant to this Section shall be conducted in accordance with the provisions of this Chapter no earlier than thirty days after the person who is the subject of the hearing has received notice by certified mail advising the person of the hearing date, time, and location, and advising the person that he may exercise his constitutional right to counsel and may exercise his constitutional right not to incriminate himself.
(c) The board shall provide the person who is the subject of the hearing, no later than fifteen days before the hearing, with a copy of the report of the staff to the board regarding the person's alleged failure to file or failure to timely file, a copy of all information gathered by the board related to the alleged failure to file or failure to timely file, and a copy of all potential exhibits to be introduced at the hearing.
(d) The person who is the subject of the hearing shall have the power and authority to subpoena witnesses and compel the production of books, records, and papers.
(e) The board shall, before the hearing, grant the person subject to the hearing an opportunity to submit a brief statement in response to the report of the staff.
(f) The board shall, at the election of the person subject to the hearing, permit the person to appear for the hearing or to address the board in person, by telephone, or by videoconference.
(g) The board shall, after the hearing, grant the person subject to the hearing an opportunity to address, orally or in writing, the final report of the staff, the evidence presented at the hearing, and any factual or legal issues relevant to the alleged violation by the person subject to the hearing.
(h) The hearing shall be recorded at the expense of the board.
(4) Upon finding at a public hearing a possible violation of Subsection D of this Section, the board shall forward its findings to the district attorney in the parish which is the domicile of the person who filed the report for appropriate action.
E.(1) The Board of Ethics shall post on its web site on the Internet a list of all persons who have failed to file, or failed to timely file, or who have failed to provide omitted information or failed to provide accurate information as required by this Section.
(2)(a) No person shall be included on the list unless he fails to file, to provide omitted information, or to provide accurate information by the deadline included in a notice of delinquency, nor shall he be included on the list if he has filed an answer contesting the allegations included in the notice of delinquency.
(b) A person shall be removed from the list within two business days after filing the statement or accurately disclosing the required information.
F. If a person who is required to disclose information required by R.S. 42:1124, 1124.2, 1124.2.1, or 1124.3 discovers an error or inaccuracy in the information he disclosed and files an amendment to such disclosure correcting such error or inaccuracy prior to the receipt of a notice of delinquency, no penalties shall be assessed against the person, and the board shall replace the initial disclosure with the amendment thereto in the official records of the board.
Acts 2008, 1st Ex. Sess., No. 1, §2, eff. Jan. 1, 2009; Acts 2008, No. 162, §1, eff. Jan. 1, 2009; Acts 2008, No. 472, §1, eff. Jan. 1, 2009; Acts 2012, No. 574, §2, eff. Jan. 1, 2013; Acts 2014, No. 739, §1; Acts 2021, No. 177, §1, eff. June 11, 2021; Acts 2025, No. 301, §1, eff. June 11, 2025.
Each member of the Board of Ethics and the ethics administrator shall include on the statement required by R.S. 42:1124.2 the following information for the preceding calendar year unless the information is already included in the statement:
(1) The name, address, brief description of, and nature of association with and the amount of interest in each business in which the individual or spouse is a director, officer, owner, partner, member, or trustee, or in which the individual or spouse owns any interest, excluding a publicly traded corporation.
(2) The name, address, type, and amount of each source of income received by the individual or spouse, or by any business in which the individual or spouse owns an interest, excluding a publicly traded corporation, which is received from the state or any political subdivision as defined in Article VI of the Constitution of Louisiana.
(3) The name of each governmental entity from whom the individual or his spouse derives any thing of economic value through any contract or subcontract involving a governmental entity, including the Louisiana Insurance Guaranty Association, the Louisiana Health Insurance Guaranty Association, Louisiana Citizens Property Insurance Corporation, the Property Insurance Association of Louisiana, and any other quasi public entity; the nature of the contract or subcontract; and the value of thing of economic value derived.
Acts 2008, 1st Ex. Sess., No. 1, §2, eff. Jan. 1, 2009.
A.(1) Each person who is directly employed by a statewide elected official to serve as an agency head, who is subject to annual financial statements as required by R.S. 42:1124, and who made a contribution or loan in excess of one thousand dollars to a campaign of the official who employed him, shall disclose to the board his date of employment, his salary, the name of the candidate to whom a contribution or loan was made, and the amount of any such contribution or loan. Each such person shall include the information required by this Subsection on the annual financial statement that is required by this Part.
(2) Each person who is appointed to a state board or commission, who is subject to annual financial statements as required by R.S. 42:1124.2.1, and who made a contribution or loan in excess of two thousand dollars to a campaign of the official who appointed him shall disclose to the board his date of appointment, the amount of any compensation provided for such position, the name of the candidate to whom a contribution or loan was made, and the amount of any such contribution or loan. Each such person shall include the information required by this Subsection on the annual financial statement that is required by this Part.
B.(1) The contributions or loans required by this Section to be disclosed shall include only those made within one year of the employment or appointment. This information shall be included in the report that covers the time period in which the employment or appointment occurred.
(2) For purposes of this Section:
(a) "Candidate" shall have the same meaning as provided in R.S. 18:1483(3)(a).
(b) "Contribution" means a gift, conveyance, payment, or deposit of money or anything of value, or the forgiveness of a loan or of a debt, made for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person to public office, whether made before or after the election.
(c) "Loan" shall have the same meaning as provided in R.S. 18:1483(10).
Acts 2009, No. 238, §1; Acts 2025, No. 301, §1, eff. June 11, 2025.
Redesignated as R.S. 18:1501.3 by Acts 2024, No. 664, §4.
The Legislature of Louisiana finds that the state has a compelling interest in taking every necessary step to assure that all elections are held in a fair and ethical manner and finds that an election cannot be held in a fair and ethical manner when any candidate or other person is allowed to make false statements, allegations, or insinuations about a candidate or to use deceptive caller identification information falsely to identify a candidate as the source of calls. The legislature finds that such scurrilous, false, or irresponsible adverse comments about a candidate have no place in effective representative democracy. The legislature, therefore, intends that this Part shall apply to all future elections to further the state's compelling interest in protecting the electoral process and the people's interest in assuring that campaign statements are not knowingly false and deliberately misleading.
Acts 2008, No. 812, §1, eff. July 7, 2008.
For purposes of this Part, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
(1) "Candidate" means a person who seeks nomination or election to public office. An individual shall be deemed to seek nomination or election to public office if he has done any of the following:
(a) Since prior participation in an election, if any, received and accepted a contribution or made an expenditure, or has given his consent for any other person or committee to receive a contribution or make an expenditure with a view to influencing his nomination or election to public office whether or not the specific public office for which he will be a candidate is known at the time the contribution is received or the expenditure is made.
(b) Taken the action necessary under the laws of the state of Louisiana to qualify himself for nomination or election to public office.
(2) "Contribution" shall have the meaning provided in R.S. 18:1483(6), except that "public office" as used therein shall have the meaning provided in this Section.
(3) "Election" shall have the meaning provided in R.S. 18:1483(8).
(4) "Expenditure" shall have the meaning provided in R.S. 18:1483(9), except that "public office" as used therein shall have the meaning provided in this Section.
(5) "Public office" shall mean any state, parish, municipal, ward, district, or other office or position, including a federal office, which is filled by election of the voters of the appropriate electorate, except the office of president or vice president of the United States, presidential elector, delegate to a political party convention, or political party office.
Acts 2008, No. 812, §1, eff. July 7, 2008.
The provisions of this Part shall be enforced as provided in Part III of this Chapter. Violations of this Part shall be subject to applicable penalties as provided in Part III of this Chapter; however, no fine shall be imposed for any violation occurring prior to January 1, 2009.
Acts 2008, No. 812, §1, eff. July 7, 2008.
No candidate in an election or any political committee shall, with the intent to mislead the voters, distribute or cause to be distributed any oral, visual, digital, or written material containing any statement which he knows or should be reasonably expected to know makes a false statement about another candidate in the election. "Political committee" shall have the same meaning as provided in R.S. 18:1483.
Acts 2008, No. 812, §1, eff. July 7, 2008; Acts 2022, No. 110, §1; Acts 2024, No. 589, §1.
A. For purposes of this Section, "push poll" means any paid telephone survey or series of telephone surveys that are similar in nature, that do not use an established method of scientific survey research, that reference a candidate or group of candidates other than in a basic preference question, and that ask any question or offer information concerning a candidate or candidates which states, implies, or conveys any negative or derogatory information or insinuation about the candidate or candidates and the primary purpose of which is to support or oppose a candidate in an election and not to measure public opinion.
B. No person shall authorize, commission, administer, conduct, or cause to be conducted any push poll which such person knows contains any false statement or question or which such person knows contains, implies, or conveys any false information or insinuation.
Acts 2008, No. 812, §1, eff. July 7, 2008.
A. No person, for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person to public office, shall authorize or approve any call, or cause any call to be made, which the person knows or reasonably should know will include or will be transmitted with deceptive caller identification information.
B. For purposes of this Section, the following terms shall have the following meanings:
(1) "Caller identification information" means information provided to an end user by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service.
(2) "Caller identification service" means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service.
(3) "Deceptive caller identification information" is caller identification information that falsely indicates that the call originated with a particular candidate or a committee or agent of a particular candidate.
(4) "Telecommunications service" shall have the meaning provided in R.S. 47:301(29)(x). "Telecommunications service" shall include but not be limited to a Voice over Internet Protocol service.
(5) "Voice over Internet Protocol service" means a service that provides real-time voice communications transmitted through end user equipment using TCP/IP protocol or a successor protocol, that is offered to the public or to such classes of users as to be effectively available to the public, and that has the capability to originate traffic to or terminate traffic from the public switched telephone network.
Acts 2008, No. 812, §1, eff. July 7, 2008.
Repealed by Acts 1996, 1st Ex. Sess., No. 64, §10, eff. Jan. 1, 1997.
A. Board of Ethics established. There is hereby established in the Department of State Civil Service the Board of Ethics to be domiciled in the city of Baton Rouge.
B. Membership; terms; vacancies; qualifications.
(1) The Board of Ethics shall consist of fifteen members to be selected as follows:
(a) The governor shall appoint nine members, who shall be representative of the state's population as near as practicable and who shall be subject to Senate confirmation. At least one member shall be appointed from each congressional district, and the governor shall give due consideration to the demographics of the population of the state, including without limitation geography, gender, and race. Of those nine, the governor shall appoint at least five members, each of whom shall have been licensed to practice law in this state for at least eight years at the time of his appointment.
(b) Three members shall be elected by the House of Representatives, who shall give due consideration to the demographics of the population of the state, including without limitation geography, gender, and race.
(c) Three members shall be elected by the Senate, who shall give due consideration to the demographics of the population of the state, including without limitation geography, gender, and race.
(d) A vacancy on the board for any cause shall be filled in the same manner as the original appointment for the remainder of the original term.
(e) To the extent practicable, in making appointments pursuant to this Subsection, the governor shall appoint and the House of Representatives and the Senate shall elect members to the board so that the overall makeup of the board consists of at least five retired judges, five other retired elected officials, and five persons who have never served in an elected public office.
(2) Repealed by Acts 2024, No. 591, §2.
(3)(a) Members of the board shall serve for staggered terms. Initial service shall be as provided in this Section. Thereafter, all terms shall be for five years.
(b) Repealed by Acts 2024, No. 591, §2.
(c) No member may serve more than two consecutive terms.
(4)(a) No former board member may qualify as a candidate for any elected office within six months of the termination of his term on the board.
(b) No elected official shall serve as a member of the board and no former elected official shall serve as a member of the board within six months of the termination of his term.
(c) No public employee, except a person who is a public employee solely because of his service as a member of the board, shall serve as a member of the board and no former public employee shall serve as a member of the board within six months of the termination of his employment. However, any person who is a public employee solely because of his service as an appointed member of any public board or commission shall be eligible for nomination and appointment to the board, but upon taking his oath of office, his membership on any other such board or commission shall immediately terminate.
(d) No person shall be eligible for selection who has been registered as a lobbyist within two calendar years of the date of selection. If any member serving on the board registers as a lobbyist, he shall immediately resign his position on the board.
(e) No member of the board and no officer or employee of the board shall participate or engage in an effort to support or oppose the election of a candidate for political office or to support a particular party or issue in an election; be a member of any national, state, or local committee of any political party or faction; make or solicit contributions for any political party, faction, candidate, or issue; or take active part in the management of the affairs of a political party, faction, candidate, or any political campaign, except to exercise his right as a citizen to express his opinion privately and to cast his vote as he desires.
(f) Notwithstanding any provision of law to the contrary, no member of the Board of Ethics shall serve at the same time on any other board or commission, the membership of which is appointed in whole or in part by the governor. If a member of the board is appointed to any such board or commission, he shall immediately resign his position on the board.
(g) No person who is a party to any contract with any agency, entity, or political subdivision of the state shall be eligible for selection. If a member of the board becomes a party to any contract with any agency, entity, or political subdivision of the state, he shall immediately resign his position on the board.
(h) If, at any time after being selected to serve on the board, a member of the board becomes aware that he was ineligible to serve on the board at the time of his selection, he shall immediately resign his position on the board.
(5) No member of the board appointed after March 6, 2008, shall attend a meeting of the board in his official capacity or participate in any capacity as a member of the board, including but not limited to participating in deliberations or voting, until such member is publicly certified by the staff of the board as having completed a training program designed and administered by the staff of the board regarding all of the provisions of law under the jurisdiction of the board.
C. Jurisdiction. The Board of Ethics shall administer and enforce the provisions of this Chapter and the rules, regulations, and orders issued hereunder with respect to public employees and elected officials, including final decisions of the Ethics Adjudicatory Board. In addition, the Board of Ethics, functioning as the Supervisory Committee on Campaign Finance Disclosure, shall administer and enforce the provisions of Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, and the rules, regulations, and orders issued thereunder. In addition, the Board of Ethics shall administer the provisions of Part IV of Chapter 2 of Title 18 of the Louisiana Revised Statutes of 1950, relative to elections integrity.
D. Additional Jurisdiction. The Board of Ethics shall administer and enforce the provisions of R.S. 27:63, 96, 226, 261, 316, and 373, Part III of Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950, Part IV of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950, Chapter 46 of Title 33 of the Louisiana Revised Statutes of 1950, and R.S. 47:9072.
Acts 1979, No. 443, §1, eff. April 1, 1980. Amended by Acts 1981, No. 59, §2, eff. June 17, 1981; Acts 1989, No. 45, §2; Acts 1989, No. 721, §1, eff. July 8, 1989 until July 1, 1990; Acts 1991, No. 755, §1, eff. Jan. 1, 1992; Acts 1993, No. 965, §3, eff. August 15, 1993; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 2001, No. 291, §§1 and 2, eff. June 6, 2001; Acts 2001, No. 482, §1; Acts 2004, No. 116, §1, eff. January 1, 2005; Acts 2006, No. 334, §1, eff. July 1, 2006; Acts 2008, 1st Ex. Sess., No. 10, §1, eff. March 6, 2008; Acts 2010, No. 561, §1; Acts 2010, No. 788, §1, eff. Jan. 1, 2011; Acts 2012, No. 608, §1, eff. June 7, 2012; Acts 2012, No. 639, §1; Acts 2022, No. 43, §1; Acts 2024, No. 591, §§1, 2.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
NOTE: See Acts 2024, No. 591, §3, relative to term of office of additional members.
A. Quorum. A majority of the total membership of the board shall constitute a quorum for transacting the business of the board.
B. Recusal. Any member of the board who has a personal interest in or who becomes the subject of an investigation or hearing by the board shall recuse himself from participation in such investigation or hearing.
C. Compensation. Members of the board shall receive fifty dollars per diem for each day devoted to the work of the board. They shall also receive reimbursement for vouchered traveling, lodging, and other expenses at the rate established for state employees.
D. Officers. The board shall elect a chairman from among its members to serve a two-year term. The board shall select other necessary officers from among its membership.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1989, No. 721, §1, eff. July 8, 1989; Acts 1990, No. 1076, §1, eff. July 31, 1990; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 2024, No. 591, §1.
NOTE: SEE ACTS 1989 NO. 721, §§2 AND 5.
NOTE: ACTS 1990, NO. 1076, §1, CHANGES THE TERMINATION OF ACTS 1989, NO. 721, §§1 AND 2, TO JULY 1, 1991. ALSO SEE NOTES IN LSA AT THIS SECTION.
NOTE: SEE ACTS 1996, 1ST EX. SESS., NO. 64, §14.
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.
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.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
The Board of Ethics shall have the right to enforce any valid regulation, final decision, or final order of the Board of Ethics or the Ethics Adjudicatory Board in any court of competent jurisdiction in this state by a mandamus or injunction suit brought for that purpose. Any court of competent jurisdiction in this state shall have authority to convert a valid final decision or final order into a court order, upon receipt from the Board of Ethics of a rule to show cause for that purpose.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1987, No. 730, §1; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 2012, No. 608, §1, eff. June 7, 2012; Acts 2018, No. 418, §1.
A. The Board of Ethics shall broadcast live all of its proceedings in public meetings, including meetings held when functioning as the Supervisory Committee on Campaign Finance Disclosure. Each meeting shall be recorded and made available to the public in an online archive located on the Board of Ethics website for at least two years.
B.(1) The failure to broadcast live as required by this Section due to a technological failure beyond the control of the Board of Ethics or beyond its ability to resolve timely is not a violation of this Section or the provisions of the Open Meetings Law.
(2) The requirement in this Section to broadcast meetings does not apply to any executive session held in accordance with the Open Meetings Law or any investigation or private hearing held in accordance with this Chapter.
(3) The Board of Ethics shall establish standards for the use of lighting, recording, or broadcasting equipment to ensure proper decorum in a public meeting.
C. For purposes of this Section, "broadcast live" means the publicly available distribution of audio and video of a meeting in real or near real time via the internet or television broadcast.
Acts 2025, No. 162, §1, eff. Jan. 1, 2026.
NOTE: See Acts 2025, No. 162, §2, regarding use of state facilities.
A.(1) The Board of Ethics members may sit en banc or in panels in such order and at such times as the board directs.
(2) The Board of Ethics may authorize the hearing and determination of matters by separate panels, each consisting of not less than three members. Such panels shall sit at the times and places to hear matters assigned as the chairman directs. Such hearings shall be public except those provided for in Subsection C of this Section. All determinations of a panel shall be by a majority vote. However, if a panel consists of three members, all determinations of the panel shall require a unanimous vote of the members of the panel. Each panel shall be vested with specific subject matter jurisdiction. The Board of Ethics may determine by rule a procedure to rotate members among different subject matter panels to encourage the participation of each member of the board in, and the knowledge of each member of the board of, matters concerning the different provisions of law under the jurisdiction of the board.
(3) Notwithstanding any other provision of this Chapter, the presence of eleven members shall be required to conduct the business of the Board of Ethics sitting en banc.
(4) The Board of Ethics shall promulgate procedural and jurisdictional rules relative to the establishment of the several panels. The rules shall specify procedures wherein the chairman may refer matters to the appropriate panel with proper subject matter jurisdiction.
(5) The Board of Ethics by a majority vote of its membership, may review any opinion, decision, finding, or ruling of any panel.
B.(1)(a) The Board of Ethics shall consider any signed sworn complaint from any elector, hereinafter referred to as complainant, concerning a violation of this Chapter which is within its jurisdiction or the regulations or orders issued by the Board of Ethics, or may, by a two-thirds majority vote of its membership, consider any matter which it has reason to believe may be a violation of this Chapter. Additionally, the board may consider any matter which it has reason to believe may be a violation of any other provision of law within its jurisdiction as provided in this Subsection or as may be otherwise provided by law. However, the board shall not use information contained in a request for an advisory opinion as the basis to initiate an investigation.
(b) The board, after considering the matter, shall determine by a two-thirds majority vote of its membership whether there is probable cause to believe that a violation of this Chapter or other law within the board's jurisdiction has occurred. In determining probable cause, the board shall consider whether the totality of known circumstances is sufficient to justify the belief that the respondent has committed a violation.
(c)(i) If the board determines that there is probable cause to believe that a violation has occurred, a certified copy of the vote; a detailed explanation of the matter including the specific factual allegations upon which the board based its decision to investigate; and a copy of any complaint received by the board, from which the name of the complainant has been redacted, shall be sent by certified mail to the accused and the complainant within ten days after the vote occurs or after receipt of a signed sworn complaint.
(ii) The detailed explanation of the matter shall be prefaced by advising the respondent that he may exercise his constitutional right to counsel and may exercise his constitutional right not to incriminate himself.
(d) The chairman of the Board of Ethics may assign a matter to the appropriate panel for investigation, in which case the panel shall conduct a private investigation to elicit evidence upon which the panel shall determine whether to recommend to the board that a public hearing be conducted or that a violation has not occurred.
(e) The board shall provide a person who has filed a non-sworn complaint with only a notification stating the final disposition of the complaint.
(2) A notice or report sent to the board by the legislative auditor or the inspector general may be treated by the board as a matter for consideration in accordance with the provisions of this Subsection.
(3) Any person who, with knowledge of its falsity, makes a false complaint shall be subject to the penalties set forth in R.S. 42:1153.
C.(1)(a) Upon determining that an investigation is warranted as provided in Subsection B of this Section, a private investigation shall be conducted to elicit evidence upon which the Board of Ethics shall determine whether a public hearing should be conducted or that a violation has not occurred. The accused and the complainant shall be given written notification of the commencement of the investigation not less than ten days prior to the date set for the commencement of the investigation.
(b)(i) For purposes of an investigation, the Board of Ethics or the ethics administrator may require the submission under oath of written reports or answers to questions, or subpoena or compel the production of any books, records, and papers which the board or the ethics administrator deems relevant or material to the investigation or hearing. The board or ethics administrator shall require the submission under oath of written reports or answers to questions, or subpoena or compel the production of any books, records, and papers only upon a finding that the importance of the information sought outweighs the burden of producing the information.
(ii) The ethics administrator shall provide to the Board of Ethics a monthly report of the number of subpoenas issued by the board and the ethics administrator in the prior month.
(c) The subject of the investigation or any witness upon whom written questions have been propounded shall serve a copy of the written answers and objections, if any, within thirty days after the service of the questions.
(d) The subject of the investigation or any witness upon whom a subpoena has been served to compel the production of books, records, or papers shall serve a copy of the responses and objections, if any, within thirty days after the service of the subpoena.
(e) The subject of the investigation or any witness upon whom a subpoena has been served requiring the submission under oath of written reports shall produce the written reports within thirty days after the service of the subpoena.
(f) The Board of Ethics shall promptly provide the subject of the investigation with a copy of questions propounded or subpoenas served upon any witness, as well as any answers, objections, books, records, or papers, or written reports produced, or transcripts or recordings of answers to questions produced under oath.
(g) Any demand, request, or subpoena propounded upon the subject of the investigation or witness, orally or in writing, shall be prefaced by advising the subject of the investigation or witness that he may exercise his constitutional right to counsel and may exercise his constitutional right not to incriminate himself.
(h) An oral examination under oath shall be conducted under conditions agreed upon by the subject of the investigation or witness, including that the examination occur in a certain place, at a certain time, or by phone or videoconference, and with counsel present, that the examination be transcribed or audio recorded, and that the subject of the investigation or witness promptly receive a copy of the transcript or audio recording.
(i) The Board of Ethics shall adopt rules providing for discovery consistent with Chapter 3 of Title III of Book II of the Code of Civil Procedure and as constrained by this Subsection, to the extent and in the manner appropriate to its proceedings.
(2)(a) The Board of Ethics shall, after the investigation and prior to determining whether a hearing should be conducted, grant the person subject to the investigation an opportunity to address, orally or in writing, the final report of the staff, the information gathered during the investigation, and any factual or legal issues relevant to the alleged violation by the person subject to the investigation.
(b) The Board of Ethics shall, at the election of the person subject to the investigation, permit the person to address the board in person, by telephone, or by videoconference.
D.(1)(a) In case of contumacy or refusal to obey a subpoena issued to any public servant or other person, any district court of this state within the jurisdiction of which the public servant or other person resides, upon application by the Board of Ethics shall have jurisdiction to issue to such public servant or other person an order requiring him to produce books, records, or papers, or to require the submission under oath of written reports or answers to questions concerning the matter under consideration.
(b) The district court shall subpoena or compel the production of books, records, or papers, or require the submission under oath of written reports or answers to questions, only upon a finding that the importance of the information sought outweighs the burden of producing the information.
(2) Upon motion by the subject of the investigation, a prospective witness, or any person whose books, records, papers, or other documents are the subject of any subpoena, and for good cause shown, any district court within the jurisdiction of which the movant resides may make any order which justice requires to protect such person from undue burden or expense, including one or more of the following:
(a) That the inquiry not be had.
(b) That the inquiry may be had only upon specified terms and conditions including a designation of the time and place.
(c) That the inquiry shall be conducted by a method other than selected by the Board of Ethics.
(d) That certain matters not be inquired into or that the scope of the inquiry be limited to certain matters.
(e) That the inquiry be conducted with no one present except persons designated by the court.
(3) The Board of Ethics shall waive, upon written request by the affected party, any right to be served by any means other than email transmission, and shall provide an email address at which the Board of Ethics shall accept service.
(4) Any failure to obey such order of the court may be deemed by the district court to be contempt of court.
(5) The district court, upon denying any application made pursuant to this Subsection, may order the movant to pay the court costs and attorney fees of the prevailing party.
E.(1) After the investigation has been completed, the Board of Ethics shall, by vote of two-thirds of its members, determine whether a public hearing before the Ethics Adjudicatory Board should be conducted to receive evidence and to determine whether any violation of any provision of law within its jurisdiction has occurred.
(2) Before the board determines whether a public hearing should be conducted to receive evidence, the board shall:
(a) Provide the subject of the investigation with the final report of the staff of the board to the board regarding the investigation of the alleged violation by the subject of the investigation.
(b) Provide the subject of the investigation with an opportunity to submit a brief response to the final report of the staff.
(c) Provide the subject of the investigation with an opportunity to briefly make a statement before the Board of Ethics to address the final report of the staff and any factual or legal issues relevant to the alleged violation by the subject of the investigation. Such statements may be presented in person, by telephone, or by videoconference during executive session of the Board of Ethics, unless the subject of the investigation requests that his comments be made in open session. Statements by the subject of the investigation before the Board of Ethics in executive session shall not be recorded.
(3) If the Board of Ethics determines a violation has not occurred, the subject of the investigation and the complainant shall be notified within ten days of the board's determination.
F.(1) If the board determines following an investigation that a public hearing should be conducted, the board shall issue charges. A public hearing shall be conducted to receive evidence relative to the facts alleged in the charges and to determine whether any violation of any provision of law within the jurisdiction of the board has occurred. The public hearing on such charges shall be conducted by the Ethics Adjudicatory Board in accordance with the Administrative Procedure Act and this Part.
(2) The charges issued by the board shall contain each of the following:
(a) A plain, concise, and definite written statement of the essential facts constituting the alleged violation.
(b) The official or customary citation of the statute which is alleged to have been violated.
(c) The date of the meeting at which the board voted to issue charges.
(d) The name of the trial attorney, if designated.
(e) A written statement advising the respondent that he may exercise his constitutional right to counsel and may exercise his constitutional right not to incriminate himself.
G. If the Board of Ethics does not issue charges within one year from the date upon which a sworn complaint is received or, if no sworn complaint was received, within one year from the date the board voted to consider the matter, the matter shall be dismissed. The one-year period is prescriptive. The prescriptive period may be suspended, interrupted, or renounced. The prescriptive period shall be suspended by any of the following:
(1) The person who is the subject of the investigation or complaint files any pleading or proceeding in a state or federal court or with the Ethics Adjudicatory Board related to the matter under investigation that has the effect of delaying or impeding the proceeding.
(2) The person who is the subject of the investigation or complaint fails to comply with a subpoena or other request from the Board of Ethics for information related to or in connection with the investigation of the Board of Ethics.
(3) The person who is the subject of the investigation or complaint may consent in writing to the suspension of the prescriptive period.
(4) Determinations concerning the prescriptive period provided for in this Subsection shall be made by the Ethics Adjudicatory Board.
H. The Board of Ethics shall consider offering a consent opinion to each person who is the subject of an investigation.
Acts 1979, No. 443, §1, eff. April 1, 1980. Amended by Acts 1980, No. 579, §1; Acts 1980, No. 580, §1; Acts 1987, No. 730, §1; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 1997, No. 1303, §1; Acts 2001, No. 384, §1; Acts 2008, 1st Ex. Sess., No. 23, §1, eff. Aug. 15, 2008; Acts 2008, No. 128, §1; Acts 2008, No. 595, §1; Acts 2010, No. 1002, §1, eff. July 8, 2010; Acts 2010, No. 861, §22; Acts 2012, No. 608, §§1, 2, eff. June 7, 2012; Acts 2024, No. 591, §1; Acts 2025, No. 301, §1, eff. June 11, 2025.
NOTE: See Acts 1997, No. 1303, §§2 and 3, for effectiveness of Paragraph (B)(3).
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act and the application of R.S. 42:1141(C)(3)(c) and amended by the Act.
Repealed by Acts 2012, No. 608, §2, eff. June 7, 2012.
A. The director of the division of administrative law shall, at a public meeting of the Board of Ethics in December of the year preceding the year in which the terms are to begin, randomly select seven administrative law judges from among those who meet the qualifications to comprise the Ethics Adjudicatory Board. The last selected judge shall serve as the alternate. Members of the adjudicatory board shall have not less than two years of experience as an administrative law judge with the division of administrative law and not less than ten years experience in the practice of law.
B.(1) The members shall each serve a three-year term, which term shall begin on January first. There shall be no limitation on the number of times a qualified member may be selected to serve.
(2) A vacancy on either three-judge panel shall be filled by the alternate judge.
(3) A vacancy on the Ethics Adjudicatory Board shall be filled for the unexpired term at the next public meeting of the Board of Ethics and in the same manner as for the original selection. The last selected judge shall serve as the alternate.
C. Members of the Ethics Adjudicatory Board shall be subject to the same financial disclosure requirements as are provided by law for members of the Board of Ethics. Such members shall also be subject to the same limitations regarding contracting as are applicable to the members of the Board of Ethics as provided by law.
D. If an administrative law judge who is a member of the Ethics Adjudicatory Board begins work on a matter prior to the end of his term, he shall not be prohibited from completing work on the matter following the end of his term. He shall be considered a member of the Ethics Adjudicatory Board until such work is complete, and such status shall not affect the selection of members for the Ethics Adjudicatory Board.
E. Any member of the Ethics Adjudicatory Board who has a personal interest in or who becomes the subject of a hearing pursuant to this Part shall recuse himself from participation in such hearing.
Acts 2012, No. 608, §1, eff. June 7, 2012; Acts 2025, No. 301, §1, eff. June 11, 2025.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
The Board of Ethics, a panel thereof, or the Ethics Adjudicatory Board may conduct any hearing provided in this Chapter in the parish wherein the public servant or person alleged to have violated any provision of law within the jurisdiction of the Board of Ethics resides, or in the parish of the official domicile of any office or employment held by the person who is the subject of the investigation or complaint, or in the parish of domicile of the Board of Ethics or the Ethics Adjudicatory Board.
Acts 2012, No. 608, §1, eff. June 7, 2012.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
A.(1) Any public servant or other person who is to be the subject of a public or private hearing and the complainant shall be given written notification of the pending charges and of the time and place such hearing is to be held. Such notification shall not be less than sixty days prior to the date set for the hearing. Upon the request of a public servant or other person charged, the hearing may be held sooner.
(2) The Ethics Adjudicatory Board shall give public notice of its hearings that are conducted pursuant to R.S. 42:1141.5. The Ethics Adjudicatory Board shall mail a copy of the notice to the address where the subject of the hearing was served with the charges pending before the board or an address provided by the respondent or the respondent's attorney of record after service was made.
B.(1) For purposes of an investigation or a hearing, the Board of Ethics, any panel thereof, or its staff, or the Ethics Adjudicatory Board, or any panel thereof, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records which a board or panel deems relevant or material to the investigation or hearing. Such attendance of witnesses and the production of any such records may be required at any place designated by a board or panel at no cost to the public servant or other person charged as permitted by the rules of the board requiring such attendance or production or the board of the panel requiring such attendance or production.
(2) The person who is the subject of the hearing shall, no less than fifteen days before the hearing, receive a copy of the final report of the staff of the Board of Ethics regarding the investigation of the alleged violation by the person subject to the hearing, a copy of all evidence gathered by the board, and a copy of all potential exhibits to be introduced at the hearing.
(3) Before a hearing, the Ethics Adjudicatory Board shall grant the person subject to the hearing an opportunity to submit a brief response to the final report of the staff.
C. In case of contumacy or refusal to obey a subpoena to appear at a hearing issued to any public servant or other person, any district court of this state within the jurisdiction within which said public servant or other person resides or if the other person does not reside in this state, within the jurisdiction of which the person transacts business, upon application by the Board of Ethics or the Ethics Adjudicatory Board shall have jurisdiction to issue to such public servant or other person an order requiring him to appear before the board or its staff and to produce evidence, if so ordered, or to give testimony concerning the matter under consideration. Any failure to obey such order of the court may be deemed by the court as to be contempt of the court.
D.(1) If any public employee willfully refuses or fails to appear before the Board of Ethics or the Ethics Adjudicatory Board or any court authorized to conduct any hearing or inquiry pertaining to the provisions of this Chapter, or having appeared refuses to testify or answer any question specifically, directly, and narrowly relating to the performance of his official duties on the ground that his testimony or answers would tend to incriminate him, or refuses to accept immunity from prosecution on account of any matter about which he may be asked to testify at any such hearing or inquiry, such action shall be grounds for dismissal or forfeiture of his office or position, and if dismissed, he shall not be eligible thereafter for employment by the governmental entity for a period of five years, unless such reemployment is authorized by a majority vote of the membership of the Board of Ethics.
(2) Repealed by Acts 2025, No. 301, §2, eff. June 11, 2025.
E. Any public servant or other person who is the subject of any hearing may have legal counsel, cross-examine witnesses, call witnesses, subpoena and compel witnesses, subpoena and compel the production of books, records, and papers, and present evidence in his own behalf. If a person receives an advisory opinion from the Board of Ethics and he acts based upon such advisory opinion, the advisory opinion shall be admissible as evidence at the hearing.
F. Any public servant or other person who is not represented by counsel shall be advised of his right to have an attorney present before any hearing commences.
G. Any witness may be accompanied by counsel at investigations or hearings, which counsel may advise the witness of his rights. His counsel may also submit proposed questions to be asked for his client.
H. A hearing transcript shall be provided to the subject of an investigation or hearing upon his request at the expense of the Board of Ethics. Any witness at any investigation or hearing, subject to rules and regulations promulgated by the Board of Ethics or Ethics Adjudicatory Board, shall be entitled to a copy of his testimony promptly upon written demand.
I. In making any official determination of whether any provision of law within the jurisdiction of the Board of Ethics has been violated, the Ethics Adjudicatory Board may consider testimony pursuant to the Louisiana Code of Evidence.
J. Any public servant or other person who is aggrieved by any action taken by a panel of the Board of Ethics may request a review of the panel's decision by the full Board of Ethics within thirty days of the panel's decision. The Board of Ethics shall determine whether or not to review the panel's action within thirty days of the request for review.
K. The records of the Board of Ethics prepared or obtained in connection with investigations and private hearings conducted by the Board of Ethics, 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 of Ethics upon request. Except as provided in this Section and in R.S. 42:1111(E)(2)(d), all records, including the results and conclusions reached in connection with any investigation or hearing, shall be public.
L.(1) It shall be a misdemeanor, punishable by a fine of not more than two thousand dollars or imprisonment for not more than one year, or both, for any member of the Board of Ethics, its executive secretary, other employee, or any other person, other than the person who is subject to the investigation or complaint, to make public the testimony taken at a private investigation or private hearing of the Board of Ethics or to make any public statement or give out any information concerning a private investigation or private hearing of the Board of Ethics without the written request of the public servant or other person investigated.
(2) Upon receipt of a written request by the public servant or person charged, the Board of Ethics shall furnish the requestor with a certified copy of the entire proceedings of a private hearing, including a verbatim transcript of all testimony considered at such hearing, and make public the findings of any private investigation or hearing in connection with the charges.
M. The provisions of the Open Meetings Law shall not apply to investigations and private hearings conducted by the Board of Ethics.
Acts 2012, No. 608, §1, eff. June 7, 2012; Acts 2023, No. 146, §1; Acts 2025, No. 301, §§1, 2, eff. June 11, 2025.
A. The Ethics Adjudicatory Board shall sit in rotating panels composed of three administrative law judges randomly selected from among the members of the Ethics Adjudicatory Board. The panel shall select the administrative law judge who will preside over the hearing. The determination of the majority of the panel in a particular case shall be the determination of the Ethics Adjudicatory Board. After the hearing, the presiding administrative law judge shall assign authorship responsibility for the determination.
B. After the hearing, the adjudicatory panel shall determine whether a violation of any provision of law within the jurisdiction of the Board of Ethics has occurred. If the adjudicatory panel determines that a violation has occurred, it shall determine what authorized penalties or other sanctions, if any, should be imposed and shall issue a final decision.
C. If the public hearing of the adjudicatory panel fails to disclose clear and convincing evidence to support the charges, the adjudicatory panel shall make an official determination of its findings and shall issue a final decision. The person charged and the complainant shall be notified in writing within ten days of the adjudicatory panel's rendition of a final decision. The person charged may require the adjudicatory panel to make an official determination of the validity of the charges against him.
D. If the adjudicatory panel determines that a violation has occurred and prescribes authorized penalties or other sanctions, the public servant or person may appeal as set forth in R.S. 42:1142.
Acts 2012, No. 608, §1, eff. June 7, 2012.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
A. Upon application of a public servant, other person, or agency, the Board of Ethics may declare rights, status, and other legal relations established by the provisions of this Chapter or by any other law within its jurisdiction or under opinions issued by the board, either before or after there has been a breach thereof. The applicant may seek to have the Board of Ethics determine any question of construction or validity arising under the provisions of this Chapter or by any other law within its jurisdiction.
B. The Board of Ethics' power to declare rights, status, or legal relations established by the provisions of this Chapter or by any other law within its jurisdiction or under opinions issued by the board, or the construction of such laws or opinions, is not limited or restricted to any proceeding where a declaratory opinion is sought in order to terminate a controversy or remove an uncertainty.
C. The purpose of a declaratory opinion is to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations established by the provisions of this Chapter or by any other law within the Board of Ethics' jurisdiction or under opinions issued by the board, or the construction of such laws and opinions.
D. A declaratory opinion is a final decision of the Board of Ethics. The decision of the board on an application for a declaratory opinion shall be rendered after a public hearing and only after the requesting party, all other interested parties, and the board's staff have been afforded full and complete opportunity to present evidence, testimony, and argument. A declaratory opinion of the board shall be considered a final decision and shall be reviewable by the Court of Appeal, First Circuit, pursuant to R.S. 42:1142.
E. The Board of Ethics may refuse to render a declaratory opinion where such opinion, if rendered, would not terminate the uncertainty or controversy giving rise to the proceeding.
F. When a declaratory opinion is sought, the public servant, other person, or agency, as necessary and appropriate for the rendition of a declaratory opinion, who has or claims any interest which would be affected by the opinion shall be made a respondent and given notice of the request and of all public hearings conducted pursuant to the request.
G. The procedures for seeking a declaratory opinion and for the public hearing on such request shall be provided by rule adopted by the Board of Ethics pursuant to the Administrative Procedure Act.
Acts 2012, No. 608, §1, eff. June 7, 2012.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
A. Motions and exceptions may be made before, during, or after a public hearing.
B. Any motion or exception made before or after the public hearing shall be filed with the appropriate panel of the Ethics Adjudicatory Board. Any contradictory motion or exception shall be accompanied by a memorandum which shall set forth a concise statement of the grounds upon which the relief sought is based and the legal authority therefor.
Acts 2023, No. 147, §1.
A. A motion for summary judgment may be filed by the Board of Ethics or the respondent without leave of the Ethics Adjudicatory Board and without an agreement by any other party to the use of summary judgment procedure, at any time before, during, or after a public hearing on the merits.
B. After an opportunity for adequate discovery, a motion for summary judgment shall be granted if the motion, memorandum, and supporting documents show that there is no genuine issue as to a material fact and that the mover is entitled to judgment as a matter of law.
C. Only documents provided for in Code of Civil Procedure Articles 966 and 967 may be filed in support of or in opposition to the motion.
D. The Ethics Adjudicatory Board may exclude incompetent, irrelevant, immaterial, or unduly repetitious evidence.
E. An objection to an evidentiary offer may be made and shall be noted in the record. When an objection to an evidentiary offer is sustained by the Ethics Adjudicatory Board, the subject evidence shall be considered proffered into the record with or without a motion.
F.(1) The burden of proof rests with the mover. Nevertheless, if the mover will not bear the burden of proof at the public hearing on the merits of the issue before the Ethics Adjudicatory Board on the motion for summary judgment, the mover's burden on the motion does not require him to negate all essential elements of the adverse party's claim, action, or defense, but rather to point out to the board the absence of factual support for one or more elements essential to the adverse party's claim, action, or defense.
(2) The burden is on the adverse party to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law.
G. The Ethics Adjudicatory Board may render a summary judgment dispositive of a particular issue or defense in favor of one or more parties even though the granting of the summary judgment does not dispose of the entire matter as to that party or parties.
H. The Ethics Adjudicatory Board may render or affirm a summary judgment only as to those issues set forth in the motion under consideration by the board at that time.
I. The Ethics Adjudicatory Board shall transmit notice of the hearing on the motion for summary judgment to the Board of Ethics through the secure electronic file transfer system and to the respondent through his counsel of record, or if no counsel of record, to the respondent, by either email or regular mail to the last known email or mailing address provided by the respondent's counsel of record or respondent to the Ethics Adjudicatory Board.
J. The denial of a motion for summary judgment by the Ethics Adjudicatory Board is an interlocutory judgment and is not appealable pursuant to R.S. 42:1142(A).
Acts 2023, No. 147, §1.
A.(1) Whenever action is taken against any public servant or person by order of the Board of Ethics, or panel thereof, or by a final decision of the Ethics Adjudicatory Board, or by an agency head by order of the Board of Ethics, or panel thereof, or by a final decision of the Ethics Adjudicatory Board, or whenever any public servant or person is aggrieved by any action taken by the Board of Ethics, or panel thereof, or the Ethics Adjudicatory Board, he may appeal to the Court of Appeal, First Circuit.
(a) An order of the Board of Ethics, or panel thereof, may be appealed by filing a written motion with the Board of Ethics within thirty days after the signing and transmission of the notice of the order.
(b) A final decision of the Ethics Adjudicatory Board may be appealed by filing a written motion with the Ethics Adjudicatory Board within thirty days after the signing and transmission of the notice of the final decision, or if a rehearing is requested, within thirty days after the transmission of the notice of the decision of the Ethics Adjudicatory Board on the rehearing.
(2)(a) Upon the unanimous vote of its members present and voting, the Board of Ethics may appeal a final decision of the Ethics Adjudicatory Board to the Court of Appeal, First Circuit, within thirty days after the signing and transmission of the notice of the final decision, or if a rehearing is requested, within thirty days after the transmission of the notice of the decision of the Ethics Adjudicatory Board on the rehearing. Only questions of law in a final decision may be appealed pursuant to this Paragraph, and the appeal shall be limited to the record created at the hearing before the adjudicatory panel of the Ethics Adjudicatory Board. For purposes of this Paragraph, "final decision" means the decision and order of the adjudicatory panel of the Ethics Adjudicatory Board on the final disposition of the entire matter the Ethics Adjudicatory Board was required to hear.
(b) If the Board of Ethics does not prevail in the final disposition of its appeal, the Board of Ethics shall be responsible for the payment of reasonable attorney fees and court costs of the other party inclusive of all stages of litigation and appeal.
(c) The amount of attorney fees shall be determined by the court of appeal and shall be set forth in the court's judgment.
(3) Any refusal by the Board of Ethics to issue a declaratory opinion is subject to the supervisory jurisdiction of the appellate court as provided by Article V, Section 10 of the Constitution of Louisiana. The Court of Appeal, First Circuit, shall promulgate rules of procedure to be followed in taking and lodging such appeals.
B. In the event that any public employee suspended or dismissed by order of the Board of Ethics, or panel thereof, or by a final decision of the Ethics Adjudicatory Board, or any public employee suspended or dismissed by an appointing authority by an order of the Board of Ethics, or panel thereof, or a final decision of the Ethics Adjudicatory Board expressly for violation of any provision of law within the jurisdiction of the Board of Ethics is ordered reinstated by a final court order upon appeal, the public employee shall be entitled to receive his back pay for the period of his suspension or improper dismissal less any earnings by him during the period from other sources, provided, however, that there shall be excluded from the mentioned deduction costs of court and reasonable attorney fees which shall be fixed by the court.
C. Notwithstanding the provisions of this Section, a public employee who has attained permanent status in the classified state or city service, as provided in Article X, Section 1 of the Constitution of Louisiana, may, whenever any disciplinary action is taken against him by the Board of Ethics, or panel thereof, or the Ethics Adjudicatory Board, or by an appointing authority by order of the Board of Ethics, or panel thereof, or the Ethics Adjudicatory Board, appeal to the appropriate civil service commission, if written application to the board or panel that ordered the disciplinary action is made within thirty days after the decision becomes final. Any decision of a civil service commission may be appealed to the Court of Appeal, First Circuit, either by the Board of Ethics or the public employee, if a written motion is filed with the civil service commission within thirty days after the decision of such civil service commission becomes final.
D. Notwithstanding the provisions of this Section, any tenured public employee of a public institution of higher education in this state may, whenever any disciplinary action is taken against him by the Board of Ethics, or panel thereof, or the Ethics Adjudicatory Board, or by the appointing authority by order of the Board of Ethics, or panel thereof, or the Ethics Adjudicatory Board, appeal to the appropriate higher education management board, if the tenured employee files a written appeal with the board or panel that ordered the disciplinary action within thirty days after the order or the decision becomes final. Such appeal shall be solely on the record of the hearing of the board or panel that ordered the disciplinary action and the Board of Ethics and the Ethics Adjudicatory Board shall adopt rules and regulations to effectuate the preparation of such record. If appeal is timely filed, the appropriate higher education management board shall review the record and decision shall be rendered within one hundred twenty days of the receipt of the record from the board or panel that ordered the disciplinary action. Any decision of a higher education management board may be appealed to the Court of Appeal, First Circuit, as provided in this Chapter, either by the Board of Ethics or by the tenured public employee, upon application to the appropriate higher education management board within thirty days after the decision of such higher education management board is rendered.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 1999, No. 252, §1, eff. June 11, 1999; Acts 2008, 1st Ex. Sess., No. 24, §1, eff. March 14, 2008; Acts 2008, No. 595, §1; Acts 2010, No. 1002, §1, eff. July 8, 2010; Acts 2012, No. 607, §1, eff. June 7, 2012.
Except as otherwise provided in this Chapter, all proceedings conducted by the board or panel shall be subject to and in accordance with the Administrative Procedure Act.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997.
A. Enforcement as to current public employees. An agency head and any other public servant having the authority to appoint a person to a position of public service, regardless of whether or not such appointment requires the approval of the Senate or any other body, employee, or person, shall take such action as may be ordered by a final decision of the Ethics Adjudicatory Board with respect to any public employee within his agency or any such appointee, upon a determination that such employee or appointee has violated any provision of law within the jurisdiction of the Board of Ethics or any order, rule, or regulation promulgated thereunder. Such action may include the imposition of the conditions described in Subsection B of this Section.
B. Enforcement as to former public servants and other persons. Upon a determination by the Ethics Adjudicatory Board or a court of competent jurisdiction, that a former public servant or other person has violated any provision of law within the jurisdiction of the Board of Ethics or any order, rule, or regulation promulgated hereunder, the agency head or the Ethics Adjudicatory Board shall bar or impose reasonable conditions upon:
(1) The appearance before such agency of such former public servant or other person.
(2) The conduct of, or negotiation or competition for, business with such agency by such former public servant or other person, for such period of time as may be necessary or appropriate to effectuate the purposes of this Chapter.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 2012, No. 608, §1, eff. June 7, 2012.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
A. Subject to the limitations set forth in this Section, the Ethics Adjudicatory Board may cancel or rescind any contract of or permit or license issued by a governmental entity without liability to the governmental entity when:
(1) The Ethics Adjudicatory Board has found that a violation of law within the jurisdiction of the Board of Ethics has influenced the issuing of the permit or license or the making of such contract.
(2) The Ethics Adjudicatory Board finds under all of the circumstances that the interests of the governmental entity so require; however, such rescission is to be limited so as to not adversely affect the interests of innocent third parties.
B. The determination referred to in Subsection A of this Section shall be made in accordance with the procedures set forth in this Part and shall be subject to judicial review in accordance with the provisions of R.S. 42:1142, provided that the Ethics Adjudicatory Board may suspend the contract, permit, or license of the governmental entity subject to the limitations in Paragraph (A)(2) of this Section pending the determination of the merits of the controversy.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1988, No. 581, §1; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 2012, No. 608, §1, eff. June 7, 2012.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
A. Upon a determination that any elected official or other person has violated any provision of any law within the jurisdiction of the Board of Ethics except violations of the Campaign Finance Disclosure Act which shall be governed by Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the Ethics Adjudicatory Board may censure the elected official or person, or impose a fine of not more than ten thousand dollars, or both.
B. Upon a determination that any public employee or other person has violated any provision of any law within the jurisdiction of the Board of Ethics except violations of the Campaign Finance Disclosure Act which shall be governed by Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the Ethics Adjudicatory Board may remove, suspend, or order a reduction in pay, or demotion of the public employee or other person, or impose a fine of not more than ten thousand dollars, or both.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 1996, 1st Ex. Sess., No. 66, §3, eff. Jan. 1, 1997; Acts 2012, No. 608, §1, eff. June 7, 2012.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
When the results of an investigation conducted pursuant to this Part indicates that a violation of R.S. 42:1117 has occurred, and after an adjudicatory hearing on the matter, the Ethics Adjudicatory Board may order the payment of a penalty by any person who violates R.S. 42:1117. The penalty shall be limited to an amount not in excess of ten thousand dollars. Any appeal of such final decision by the Ethics Adjudicatory Board shall be to the Court of Appeal, First Circuit, pursuant to R.S. 42:1142.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 66, §§3, 5, eff. Jan. 1, 1997; Acts 2012, No. 608, §1, eff. June 7, 2012.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
A. If an investigation conducted pursuant to this Part reveals that any public servant or other person has violated any law within the jurisdiction of the Board of Ethics to his economic advantage, and after an adjudicatory hearing on the matter, the Ethics Adjudicatory Board may order the payment of penalties. Recovery may include, in addition to an amount equal to such economic advantage, penalties not to exceed one half of the amount of the economic advantage. Any appeal of such final decision by the Ethics Adjudicatory Board shall be to the Court of Appeal, First Circuit, pursuant to R.S. 42:1142.
B. The Ethics Adjudicatory Board is authorized to order the forfeiture of any gifts or payments made in violation of this Chapter.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 1996, 1st Ex. Sess., No. 66, §3, eff. Jan. 1, 1997; Acts 2012, No. 608, §1, eff. June 7, 2012.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
Upon finding at a public hearing that there is probable cause to believe that any public servant or other person has violated any criminal law of this state, the Board of Ethics or the Ethics Adjudicatory Board shall forward a copy of its findings to the district attorney of the parish in which the violation occurred, for appropriate action. Thereafter, notwithstanding any other provision of this Chapter, such district attorney shall have access to all records of the board relative to such charges.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 2012, No. 608, §1, eff. June 7, 2012.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
A.(1)(a) The staff of the Board of Ethics may assess and issue a final order for the payment of late filing fees, in accordance with rules adopted by the Board of Ethics, for any failure to timely file any report or statement due under any law under its jurisdiction as provided in R.S. 42:1132(C), R.S. 24:50 et seq., R.S. 49:71 et seq., or R.S. 33:9661 et seq. A final order issued pursuant to this Subparagraph shall be appealable to the Ethics Adjudicatory Board for an adjudicatory hearing conducted in accordance with R.S. 42:1141.5. For purposes of this Section, the phrase "late filing fees" shall include late filing fees and penalties as the case may be and the term "fee" shall include a fee or penalty as the case may be.
(b) The Board of Ethics may waive all or any part of late filing fees assessed pursuant to Subparagraph (a) of this Paragraph. Any request for waiver of late filing fees assessed in a final order of the staff of the Board of Ethics shall be made to the Board of Ethics, which shall promulgate rules governing the procedure to request a waiver as well as to provide for waiver for "good cause" shown. "Good cause" shall be defined as any action or circumstance which, in the considered judgment of the Board of Ethics, were not within the control of the late filer and which were the direct cause of the late filing or any applicable provision in R.S. 18:1511.5(B). The final disposition of the Board of Ethics on a request for waiver shall not be appealable to the Ethics Adjudicatory Board.
(c) The Board of Ethics shall promulgate rules to facilitate the carrying out of the provisions of this Chapter regarding order for, payment of, and waiver of late filing fees.
(d) When all delays for a request for waiver or appeal of late filing fees have expired, a final order of the Board of Ethics or its staff shall become executory and may be enforced as any other money judgment. The Board of Ethics may file civil proceedings to collect such late filing fees in a court of competent jurisdiction. The proceedings shall be conducted pursuant to the relevant provisions of the Louisiana Code of Civil Procedure.
(2) The late filing fees for any lobbyist required to register and file reports under the provisions of R.S. 24:50 et seq., shall be as provided in R.S. 24:58(D). The late filing fees for any lobbyist required to register and file reports under the provisions of R.S. 49:71 et seq., shall be as provided in R.S. 49:78(D); however, the late filing fees applicable to a lobbyist for a lobbyist expenditure report filed pursuant to R.S. 24:55(G) or R.S. 49:76(G) which contains all of the information required by Part IV of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950 and all of the information required by Part III of Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950 shall be fifty dollars per day. The late filing fees for any lobbyist required to register and file reports under the provisions of R.S. 33:9661 et seq., shall be as provided in R.S. 33:9668(D).
(3)(a)(i) The late filing fees for any violation of R.S. 42:1114 shall be as provided in R.S. 42:1124.1(A).
(ii) The late penalties for any violation of R.S. 42:1124, 1124.2, 1124.2.1, or 1124.3 shall be as provided in R.S. 42:1124.4.
(b) The late filing fees for any violation of R.S. 42:1114.2 shall be as provided in R.S. 42:1114.2(G).
(4) Any late filing fees assessed by the Board of Ethics or its staff, for any failure to timely file any report or statement due, shall not exceed the following:
(a) If the fee is twenty-five dollars per day, the maximum shall be five hundred dollars.
(b) If the fee is forty dollars per day, the maximum shall be one thousand dollars.
(c) If the fee is fifty dollars per day, the maximum shall be one thousand five hundred dollars, except that the maximum shall be five hundred dollars for fees assessed pursuant to Paragraph (2) of this Subsection. The computation of days provided for in this Subparagraph shall not include Saturdays, Sundays, or other legal holidays.
(d) If the fee is sixty dollars per day, the maximum shall be two thousand dollars.
(e) If the fee is one hundred dollars per day, the maximum shall be two thousand five hundred dollars.
(f) If the fee is two hundred dollars per day, the maximum shall be three thousand dollars.
(g) If the fee is five hundred dollars per day, the maximum shall be twelve thousand five hundred dollars.
B. The staff of the Board of Ethics shall mail by certified mail a notice of delinquency within four days after the due date of which the staff knows or has reason to know, for any report or statement due under the laws within its jurisdiction which has not been timely filed.
C. All funds collected by the staff of the Board of Ethics as provided in Subsection A of this Section shall be deposited upon receipt in the state treasury.
Acts 1996, 1st Ex. Sess., No. 66, §§3, 5, eff. Jan. 1, 1997; Acts 1999, No. 2, §1, eff. April 22, 1999; Acts 1999, No. 417, §1; Acts 1999, No. 1349, §2, eff. July 12, 1999; Acts 2001, No. 293, §1; Acts 2004, No. 116, §1, eff. Jan. 1, 2005; Acts 2004, No. 868, §1, eff. Jan. 1, 2005; Acts 2008, 1st Ex. Sess., No. 1, §2, eff. Jan. 1, 2009; Acts 2008, No. 472, §1, eff. Jan. 1, 2009; Acts 2010, No. 788, §1, eff. Jan. 1, 2011; Acts 2010, No. 857, §2; Acts 2012, No. 608, §1, eff. June 7, 2012; Acts 2014, No. 687, §1; Acts 2014, No. 739, §1; Acts 2021, No. 177, §1, eff. June 11, 2021; Acts 2024, No. 540, §3.
A. The filing of reports and statements shall be deemed timely in the following cases:
(1) The papers are hand-delivered, mailed, or deposited for delivery with a commercial delivery service, on or before the due date. If the papers are received by mail or delivered by a commercial delivery service on the first day following the due date, there shall be a rebuttable presumption that the papers were timely filed. In all cases where the presumption does not apply, the timeliness of the filing shall be shown only by an official U.S. postmark, official receipt or certificate from the U.S. Postal Service, or by receipt or invoice of a commercial delivery service made at the time of mailing or deposit for delivery which indicates the date thereof. For purposes of this Section, "by mail" applies only to the U.S. Postal Service.
(2) The report or statement due is transmitted by facsimile transmission or electronic transfer and received by the board on or before the due date. Any report or statement transmitted by facsimile transmission or electronic transfer and received by the board shall be considered as if filed in the original. However, in the case where the staff of the board discovers that a facsimile transmission or electronic transfer is illegible upon receipt, the staff shall immediately give notice to the party whose report or other statement is illegible that a legible copy of such facsimile transmission or electronic transfer shall be mailed, transmitted by a commercial delivery service, or hand-delivered within twenty-four hours to the offices of the board. The filing date shall be deemed to be the date of receipt of the facsimile transmission or electronic transfer of the report or statement.
B. If the date on which a report or statement is required to be filed occurs on a weekend or a federal or state holiday, the report shall be filed no later than the first working day after the date it would otherwise be due that is not a federal or state holiday.
Acts 1996, 1st Ex. Sess., No. 66, §§3, 5, eff. Jan. 1, 1997; Acts 1999, No. 164, §2.
Repealed by Acts 2012, No. 608, §2, eff. June 7, 2012.
The board may contract with outside counsel on a contingency fee basis to enforce judgments that may arise under this Part. Any such firm or attorney shall be selected pursuant to a request for proposals in accordance with Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950.
Acts 1999, No. 850, §1; Acts 2014, No. 864, §§4 and 5.
A.(1) To enhance the board's ability to govern and enforce the Code of Governmental Ethics and to provide efficient and economical dissemination of information, the board shall establish the Board of Ethics Computerized Data Management System.
(2) The following basic specifications shall be designed into the board's computerized data management system:
(a) The system shall be capable of handling each type of report required to be filed with the board.
(b) The system shall permit electronic filing of all reports required to be filed with the board or as provided for by this Chapter.
(c) The system shall provide for in-house review of all reports filed with the board.
(d) The system's database shall be categorized to provide for citizen's access of all reports filed with the board. This access shall include, but not be limited to, the ability of the public to search by contributor names the system's database of campaign finance disclosure reports that are required to be filed electronically by R.S. 18:1485 and R.S. 42:1125.
(e) The system shall provide a person viewing campaign finance reports filed electronically by a candidate pursuant to R.S. 18:1485 with a link to all reports filed pursuant to R.S. 42:1124.6 in which the candidate is listed.
B. The computerized data system shall be used to aid in the distribution of materials to state and local agencies as provided in R.S. 42:1170.
C. Notwithstanding any contrary provision of this Section, any material or information which is confidential as provided by law shall be excluded from such public access.
D. The Board of Ethics Computerized Data Management System shall commence basic operations no later than May 1, 1997, with total implementation of the system as provided for in this Subpart by May 1, 1998.
Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 2010, No. 804, §1, eff. June 30, 2010.
A. To enhance the public's ability to gather information easily regarding the conduct of elected officials, public employees, and other persons regulated by the board, the board shall maintain a website which allows the public to quickly and easily review disclosure reports filed with the board, agendas of board meetings, and opinions and decisions rendered by the board.
B. The board shall regularly review and update its website to improve access to its public information.
C. The board shall not reduce or impair in any manner the level of the public's access via the Internet to the information provided by the board on its website from the level of access that exists on June 5, 2003.
D. The board shall exclude from the website any material or information which is confidential as provided by law.
Acts 2003, No. 203, §1, eff. June 5, 2003.
The board shall send a communication electronically in a timely manner to a filing party who files a report through the Computerized Data Management System in the manner provided by this Subpart. This communication shall not take the place of any other type of notice required by law.
Acts 2023, No. 241, §1, eff. Jan. 1, 2024.
A. Filing of reports. Every agency head shall file confidential reports with the board or panel on any matters that come to his attention which he believes may constitute a violation of this Chapter which is within the board or panel's jurisdiction.
B. Cooperation with board. Every agency head shall cooperate in every possible manner in connection with any investigation or hearing which may be lawfully conducted by the board or panel.
C. Compliance with order of board or panel. Every agency head shall forthwith comply with any lawful order received from the board or panel and shall immediately take disciplinary action against any employee under his supervision when ordered to do so by the board or panel.
D. Failure to comply with order of board or panel. Failure on the part of any agency head who is not an elected official to comply promptly with any lawful order received from the board or panel shall subject him to all penalties provided for elsewhere in this Chapter and shall cause the immediate suspension of all salary and other benefits which he otherwise would be entitled to receive. Such suspension shall remain in effect during the period in which he fails or refuses to comply, and all public employees are hereby directed to refuse to honor any drafts or other documents which would violate this provision.
E. Agency employment lists. Every agency head shall furnish the board or panel, upon request, a list showing the names, positions, compensation, if any, and the time actually spent earning such compensation of all agency employees. The list shall be prepared at the expense of the agency furnishing it out of funds available to such agency.
F. Screening of employees. Every agency head shall constantly screen all employees under his supervision to ascertain that such employees are needed to perform the work of the agency and shall promptly take the necessary steps to reduce the number of the employees of the agency to a sufficient or satisfactory number required. Knowingly having one or more employees on the payroll who are not rendering service for which they are being paid or having one or more employees on the payroll that violate the provisions of R.S. 42:1119 shall subject the agency head, a public employee having the authority to hire and fire the employee, and the immediate supervisor of the employee, as well as such employee, to the disciplinary action and penalties provided by this Chapter.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §§6, 11, eff. Jan. 1, 1997.
Whenever the secretary of state shall issue a commission to a public servant, he shall include therewith a copy of this Chapter in pamphlet or other form convenient to the secretary, and the public servant shall acknowledge receipt thereof when filing his oath of office with the secretary of state.
Acts 1979, No. 443, §1, eff. April 1, 1980.
No action to enforce any provision of this Chapter shall be commenced after the expiration of two years following the discovery of the occurrence of the alleged violation, or four years after the occurrence of the alleged violation, whichever period is shorter.
Acts 1979, No. 443, §1, eff. April 1, 1980.
Nothing in this Chapter is intended to nor is to be construed as repealing, amending, or modifying in any way any provision of any criminal law of this state.
Acts 1979, No. 443, §1, eff. April 1, 1980.
A. Nothing in this Chapter is intended nor shall it be construed to have the effect of repealing, amending, or modifying in any way any state tenure statutes pertaining to the rights of probationary or permanent teachers or other public employees of any parish or city school board of this state nor the authority of any such school board to administer the state tenure statutes, relative to teachers and other public employees of the school board, when such teachers and other public employees are serving in their official capacities. All job actions based upon the causes for disciplining or dismissal of teachers or other school public employees, as may be now or hereafter set forth in the state tenure statutes, shall remain under the exclusive jurisdiction of the appropriate parish or city school board.
B. Subject to the provisions of Subsection A, the board or panel may order that any public employee of a parish or city school board of this state be disciplined or dismissed as provided in this Chapter whenever the board or panel has determined that the public employee has violated any provision of law within the jurisdiction of the board.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997.
Any final determination that a tenured public employee of a public higher education institution in this state has violated any provision of law within the jurisdiction of the board, except as otherwise exempted therefrom, may be grounds for disciplining or dismissing the tenured public employee by the appropriate higher education management board, or by the appointing authority by order of the board or panel in accordance with applicable tenure law, rule, or policy.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997.
All judges, as defined by the Code of Judicial Conduct, shall be governed exclusively by the provisions of the Code of Judicial Conduct, which shall be administered by the Judiciary Commission provided for in Article V, Section 25 of the Constitution of Louisiana.
Acts 1979, No. 443, §1, eff. April 1, 1980.
A. Perjury. Any person who intentionally and knowingly either files a false sworn complaint with the board or who gives false sworn testimony before the board or panel shall, upon conviction by a court of competent jurisdiction, be guilty of the crime of perjury and subject to the penalty set forth in R.S. 14:123.
B. Malfeasance by member of the board. Any member of the board who knowingly and intentionally initiates action by the board or panel against any public servant, or person knowing such action to be false shall, upon conviction by a court of competent jurisdiction, be guilty of the crime of malfeasance in office and subject to the penalty set forth in R.S. 14:134.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997.
A. Any public employee who reports to a person or entity of competent authority or jurisdiction information which he reasonably believes indicates a violation of any law or of any order, rule, or regulation issued in accordance with law or any other alleged acts of impropriety related to the scope or duties of public employment or public office within any branch of state government or any political subdivision shall be free from discipline, reprisal, or threats of discipline or reprisal by the public employer for reporting such acts of alleged impropriety. No employee with authority to hire, fire, or discipline employees, supervisor, agency head, nor any elected official shall subject to reprisal or threaten to subject to reprisal any such public employee because of the employee's efforts to disclose such acts of alleged impropriety.
B.(1)(a) If any public employee is suspended, demoted, dismissed, or threatened with such suspension, demotion, or dismissal as an act of reprisal for reporting an alleged act of impropriety in violation of this Section, the public employee shall report such action to the board.
(b) If any person that is a public employee because of a contractual arrangement with a governmental entity or agency thereof has the contract with the governmental entity or agency suspended, reduced, or terminated or is threatened with the suspension, reduction, or termination of the contract with the governmental entity or agency as an act of reprisal for reporting an alleged act of impropriety in violation of this Section, the public employee shall report such action to the board.
(2)(a) A public employee who is wrongfully suspended, demoted, or dismissed shall be entitled to reinstatement of his employment and entitled to receive any lost income and benefits for the period of any suspension, demotion, or dismissal.
(b) A person that is a public employee because of a contractual arrangement with a governmental entity or agency thereof whose contract is wrongfully suspended, reduced, or terminated shall be entitled to reinstatement of his contract and entitled to receive any lost compensation under the terms of the contract.
C. The board shall provide written notice of the commencement of an investigation of a report of a violation of this Section to the agency head of the employee, or if the agency head is the defendant, then to an agency head of the governmental entity that supervises the agency, or if none, then to the governing authority of the governmental entity not less than ten days prior to the date set for the investigation. If the board determines, following an investigation, that it shall offer a consent opinion or conduct a public or private hearing to receive evidence and determine whether any violation of this Section has occurred, the board shall provide written notice of the hearing or consent opinion to the agency head of the employee, or if the agency head is the defendant, then to an agency head of the governmental entity that supervises the agency, or if none, then to the governing authority of the governmental entity not less than sixty days prior to the date set for the action by the board. The employee's agency shall cooperate in every possible manner in connection with any investigation conducted by the board. The agency shall be considered to be an indispensable party to any investigation, hearing, or consent opinion and may have legal counsel, cross-examine witnesses, call witnesses, and present evidence on its behalf.
D. Any employee with the authority to hire, fire, or discipline employees, supervisor, agency head, or elected official who violates this Section shall be subject to the same fines and penalties provided for other violations of this Chapter. In addition, if the board, following a public hearing, finds there is probable cause to believe that a person has violated a criminal law of this state, pursuant to R.S. 42:1156, the board shall forward a copy of its findings to the district attorney of the parish in which the violation occurred for appropriate action. Thereafter, notwithstanding any other provision of this Chapter, such district attorney shall have access to all records of the board relative to such findings.
E. Upon notification by the employee, the employee's agency, the defendant, or the defendant's agency that the employee has commenced a civil action in a district or federal court or with a federal agency with adjudicatory authority over employment complaints against his agency pursuant to R.S. 23:967(B) or other relevant state or federal statutes at any time prior to the board's final determination as to whether a violation of this Section has occurred, the board shall stay any action pending before the board until a final order in the civil or adjudicatory action is issued, and the prescriptive period provided for in R.S. 42:1163 for action shall be suspended while such civil or adjudicatory action is pending and shall resume when such final order is issued. The final order of the court in the civil action or agency in an adjudicatory action, except if the action is dismissed by the plaintiff, shall resolve all matters the employee has pending before the board regarding this Section.
F. Each agency head shall ensure that a notice containing an explanation in plain language of the rights of employees under this Section is posted and maintained at some convenient and conspicuous point in each building where more than ten public employees are employed. The specific content of this notice shall be determined by the board.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1995, No. 1115, §1; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 1999, No. 327, §1; Acts 2006, No. 373, §1, eff. June 15, 2006; Acts 2007, No. 148, §1; Acts 2008, 1st Ex. Sess., No. 5, §1, eff. April 26, 2008; Acts 2014, No. 362, §1.
A.(1) Commencing with terms of office beginning January 1, 2008, and thereafter, each statewide elected official, legislator, and public service commissioner shall receive a minimum of one hour of education and training on the Code of Governmental Ethics during each year of his term of office. All newly elected officials shall receive the required one hour of education training on the Code of Governmental Ethics within the first ninety days after taking the oath of office. In addition, each statewide elected official, legislator, and public service commissioner shall receive a minimum of one hour of education and training on the Campaign Finance Disclosure Act during his term of office.
(2) Commencing with the terms of office beginning January 1, 2010, and thereafter, each elected official who was not required to complete education and training on the Code of Governmental Ethics pursuant to Paragraph (1) of this Subsection shall receive a minimum of one hour of education and training during each year of his term of office. All newly elected officials shall receive the required one hour of education training on the Code of Governmental Ethics within the first ninety days after taking the oath of office. In addition, each such elected official who was not required to complete education and training pursuant to Paragraph (1) of this Subsection shall receive a minimum of one hour of education and training on the Campaign Finance Disclosure Act during his term of office.
(3)(a)(i) Commencing on January 1, 2012, each public servant who was not required to complete education and training pursuant to Paragraph (1) or (2) of this Subsection shall receive a minimum of one hour of education and training on the Code of Governmental Ethics during each year of his public employment or term of office, as the case may be.
(ii) Commencing on January 1, 2014, each head of a department, except statewide elected officials, of the executive branch enumerated in R.S. 36:4(A), shall be required to receive an additional one hour of education and training on the Code of Governmental Ethics during each year of his public employment or term of office, as the case may be. The additional topic to be addressed shall be contract ethics.
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to any person who is a public servant solely because he serves as an uncompensated volunteer fireman or an uncompensated auxiliary or reserve law enforcement officer.
(c) The provisions of Subparagraph (a) of this Paragraph shall not apply to a nonsalaried employee of a hospital owned or operated by a hospital service district as defined in R.S. 46:1072 unless the employee is authorized to enter into contracts on behalf of the hospital for goods or services or the duties of the employee include the supervision of another public employee.
(4)(a) Commencing on January 1, 2009, each lobbyist registered pursuant to the provisions of Part III of Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950 relative to lobbying of the legislature shall receive a minimum of one hour of education and training on such provisions and on the provisions of the Code of Governmental Ethics which the Board of Ethics determines are relevant to such a lobbyist during each year the lobbyist is registered.
(b) Commencing on January 1, 2009, each lobbyist registered pursuant to 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 shall receive a minimum of one hour of education and training on such provisions and on the provisions of the Code of Governmental Ethics which the Board of Ethics determines are relevant to such a lobbyist during each year such lobbyist is registered.
(5) A former public servant whose public service in a calendar year lasted less than ninety days shall not be required to receive education and training on the Code of Governmental Ethics pursuant to Paragraph (1), (2), or (3) of this Subsection during that year.
B. The education and training required pursuant to this Section may be received either in person or via the Internet through the training and education materials designed by the board pursuant to R.S. 42:1134.
C.(1) Each agency head of a state agency shall designate at least one person who shall, with the assistance of the board, provide all public servants of that agency information and instruction relative to ethics and conflicts of interest concerning the following provisions: the Code of Governmental Ethics and, if appropriate or applicable to the functions of the agency or the public servants within the agency, information concerning 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 Louisiana Riverboat Economic Development and Gaming Control Act, the Louisiana Economic Development and Gaming Corporation Act, the Louisiana Lottery Corporation Law, and the Video Draw Poker Devices Control Law. The agency shall also provide instruction and information to such public servants intended to educate them about the particular ethics laws to which they are subject and the procedures by which such laws are enforced. On and after January 1, 2009, no agency head shall designate a person to provide information and instruction relative to ethics and conflicts of interest pursuant to this Subsection unless the person has received a minimum of two hours of education and training regarding the provisions of the Code of Governmental Ethics and, if appropriate or applicable to the functions of the agency or the public servants within the agency, any other provision of law within the jurisdiction of the Board of Ethics. In addition, on and after January 1, 2009, each designee shall be required to have at least two hours of ethics education and training annually.
(2) Each agency head of a state agency shall ensure that each public servant in the agency is notified of the current name and contact information of each designee and that the current name and contact information of each designee is posted and maintained in a convenient and conspicuous manner which makes the information easily accessible to each public servant in the agency. He shall also submit the name and contact information of each such designee to the Board of Ethics no later than July first of each year and shall notify the Board of Ethics within ten days of any change in the name or contact information of a designee.
(3) The agency head of each department in the executive branch of state government shall select at least one person licensed to practice law in this state to be a designee.
(4) Each political subdivision shall designate at least one person who shall, with the assistance of the board, provide information, notices, and updates to employees and officials of the political subdivision and assist the board in any way necessary to fulfill the requirements set out in this Section and R.S. 42:1134(N)(1).
D. All agencies shall provide information about governmental ethics to those with whom they do business.
E.(1) The Board of Ethics shall keep records of the compliance with the requirements of this Section by each registered lobbyist and public servant and by state agencies.
(2) If the board discovers that a public servant or lobbyist has failed to complete the training required by this Section, the board shall mail by certified mail a notice of noncompliance informing the person that the training required by this Section shall be completed within forty-five business days from the mailing of the notice of noncompliance. The notice of noncompliance shall include the deadline for completion of the training required by this Section. If the person completes the training prior to the deadline contained in the notice of noncompliance, no penalties shall be assessed against the person.
(3) The Board of Ethics shall submit the required education and training on the Code of Governmental Ethics for approval by the Louisiana Supreme Court, Mandatory Continuing Legal Education Committee as an approved continuing legal education activity.
Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 2007, No. 315, §1, eff. Jan. 1, 2008; Acts 2008, 1st Ex. Sess., No. 3, §1, eff. April 26, 2008; Acts 2008, 1st Ex. Sess., No. 11, §1, eff. April 26, 2008; Acts 2012, No. 488, §1, eff. June 5, 2012; Acts 2013, No. 415, §1; Acts 2013, No. 422, §1; Acts 2014, No. 745, §1.
NOTE: See Acts 2007, No. 315, §2, relative to implementation.
A. A person may request expungement of ethics enforcement records relative to a complaint filed with the Board of Ethics in which it is alleged that the person violated one or more provisions of this Chapter 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 this Chapter.
B. This Part shall not apply to enforcement proceedings that are concluded by consent opinion.
Acts 2015, No. 316, §1.
A.(1) A person who seeks expungement pursuant to this Part shall file a written request for expungement with the ethics administrator. The person shall set forth in the request facts that demonstrate that the requirements listed in R.S. 42:1191 are satisfied.
(2) The ethics administrator shall consider the request, and, if the facts stated in the request demonstrate that the requirements listed in R.S. 42:1191 are satisfied, the ethics administrator shall grant the request and order expungement of the ethics enforcement records relative to the complaint that is the subject of the request.
B.(1) If the ethics administrator denies the request or fails to grant the request within thirty days after filing, the requestor may file a written request for expungement with the Board of Ethics.
(2) The Board of Ethics shall consider the request in executive session, and, if the facts stated in the request demonstrate that the requirements listed in R.S. 42:1191 are satisfied, the board shall grant the request and order expungement of the ethics enforcement records relative to the complaint that is the subject of the request.
C. If an order of expungement involves records of the Ethics Adjudicatory Board, the Board of Ethics or the ethics administrator, as the case may be, shall ensure that the order of expungement is served on the Ethics Adjudicatory Board as soon as practicable after issuance.
Acts 2015, No. 316, §1.
A. The Board of Ethics and the Ethics Adjudicatory Board shall remove from public access all ethics enforcement records that are ordered to be expunged. The records shall not be destroyed.
B. 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.
Acts 2015, No. 316, §1.
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.
Acts 2015, No. 316, §1.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
Repealed by Acts 1987, No. 737, §2.
Repealed by Acts 1987, No. 737, §2.
Repealed by Acts 1987, No. 737, §2.
Repealed by Acts 1987, No. 737, §2.
Repealed by Acts 1987, No. 737, §2.
A.(1) The Department of State Civil Service shall institute, develop, conduct, maintain, and otherwise provide for continuing programs of in-service training and education designed to improve the supervisory, managerial, and other generally applicable skills and expertise of officials and employees of all state agencies, including supervisory, administrative, and managerial personnel and nonsupervisory employees.
(2) For purposes of this Chapter, "state agency" means any board, commission, department, agency, office, officer, or other entity:
(a) Within the executive or legislative branches of state government;
(b) Of the supreme court, a court of appeal, or a district court of the judicial branch of state government; or
(c) Which employs any state classified employee.
B.(1) The in-service training and educational programs may be made available on a fee basis to other public officials and employees and to other participants as determined by the Department of State Civil Service, provided such participation does not have the effect of denying access to the program by any employee or official of a state agency. The Department of State Civil Service may establish and impose a schedule of fees or other charges for such officials, employees, and participants to attend such programs.
(2) The Department of State Civil Service is hereby designated as the training agency for state agencies as set forth in Subsection A of this Section.
C. The State Civil Service Commission shall advise the Department of State Civil Service on in-service training and educational programs and may award certifications to employees upon successful completion of such programs. Cooperative arrangements or agreements may be entered into between the Department of State Civil Service and state educational institutions for their participation in training and educational programs as needed to accomplish any of the purposes enumerated in Subsection A of this Section.
Added by Acts 1972, No. 400, §1. Amended by Acts 1979, No. 656, §1; Acts 1986, No. 313, §1, eff. June 30, 1986; Acts 1989, No. 289, §1, eff. July 1, 1989; Acts 2010, No. 825, §1, eff. July 1, 2010; Acts 2020, 2nd Ex. Sess., No. 33, §1.
Repealed by Acts 2020, 2nd Ex. Sess., No. 33, §3.
A. Pursuant to Article X, Section 10(A) of the Constitution of Louisiana, the State Civil Service Commission shall require the Department of State Civil Service to institute an employee training program in accordance with the provisions of this Chapter for state agencies, to coordinate in-service training and educational programs, to review the development and conduct of such programs, and to submit progress reports to the governor and legislature as either may direct.
B. The Department of State Civil Service is hereby designated as the agency to develop and conduct said training programs.
Added by Acts 1972, No. 400, §1. Amended by Acts 1979, No. 656, §1; Acts 1986, No. 313, §1, eff. June 30, 1986; Acts 2010, No. 825, §1, eff. July 1, 2010; Acts 2020, 2nd Ex. Sess., No. 33, §1.
The Department of State Civil Service shall conduct, at least every four years, a complete review of the needs and requirements for in-service training and education and shall adjust the training programs provided by this Chapter to meet the needs revealed by said reviews.
Added by Acts 1972, No. 400, §1. Amended by Acts 1979, No. 656, §1; Acts 1986, No. 313, §1, eff. June 30, 1986; Acts 2010, No. 825, §1, eff. July 1, 2010.
In addition to the in-service training and educational programs provided for in this Chapter, all state agencies may engage in cooperative arrangements or agreements with the Department of State Civil Service and with state educational institutions for specialized training, work-study programs, internships, and research projects designed to be useful in making long-range training and educational plans. State educational institutions are hereby directed to give special consideration to such projects and programs.
Added by Acts 1972, No. 400, §1. Amended by Acts 1979, No. 656, §1; Acts 1986, No. 313, §1, eff. June 30, 1986; Acts 2010, No. 825, §1, eff. July 1, 2010; Acts 2020, 2nd Ex. Sess., No. 33, §1.
A. The Department of State Civil Service shall institute, develop, conduct, and otherwise provide for an educational program designed to improve the supervisory and managerial skills and expertise of state unclassified officials and employees concerning performance planning and review and the rules and procedures of the State Civil Service Commission regarding hiring and termination of state classified employees. The program shall be designed to provide a reasonable person with the knowledge to conduct performance planning and review sessions in conformance with the rules of the State Civil Service Commission and to understand the essential rules and procedures of the State Civil Service Commission regarding hiring and termination of state classified employees.
B.(1) Each official and employee specified in Subsection C of this Section shall attend the program described in Subsection A of this Section within one year of his employment in or appointment to a position specified in Paragraph (C)(1) of this Section or within one year of being designated as provided in Paragraph (C)(2) of this Section.
(2) No person shall be required to attend the program described in Subsection A of this Section more than once.
C.(1) This Section shall apply to each person serving in the state unclassified service in one of the following positions:
(a) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of Louisiana Economic Development.
(b) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Culture, Recreation and Tourism.
(c) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Environmental Quality.
(d) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Louisiana Department of Health.
(e) The secretary, undersecretary, deputy secretary, and each assistant secretary, or an equivalent position of Louisiana Works.
(f) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Conservation and Energy.
(g) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Public Safety and Corrections and any warden or assistant warden of a state penal institution.
(h) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Revenue.
(i) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Children and Family Services.
(j) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Transportation and Development.
(k) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Wildlife and Fisheries.
(l) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Veterans Affairs.
(m) The executive secretary of the Public Service Commission.
(n) The commissioner of higher education and the president of each public postsecondary education system.
(o) The commissioner of the division of administration.
(p) The commissioner of agriculture, the assistant commissioner for management and finance, the deputy commissioner, and each assistant commissioner of the Department of Agriculture and Forestry.
(q) The superintendent of education, the deputy superintendent of education, the deputy superintendent for management and finance, and each assistant superintendent of the Department of Education.
(r) The commissioner of insurance, the chief deputy commissioner, each deputy commissioner, and the assistant commissioner of the Department of Insurance.
(s) The secretary of state, the deputy secretary of the Department of State, the deputy secretary for the office of the Uniform Commercial Code, and the deputy secretary for the office of GeauxBiz or his successor.
(t) The state treasurer, each deputy state treasurer, and each assistant state treasurer of the Department of the Treasury.
(2) This Section shall additionally apply to any state unclassified employee designated in writing by a person listed in Paragraph (1) of this Subsection who has the authority to prescribe the duties and responsibilities of the employee.
Acts 2009, No. 377, §1, eff. July 1, 2010; Acts 2010, No. 825, §1, eff. July 1, 2010; Acts 2018, No. 380, §3, eff. June 30, 2018; Acts 2023, No. 150, §16, eff. Jan. 10, 2024.
A.(1) The Department of State Civil Service shall institute, develop, conduct, and otherwise provide for training programs designed to keep state agencies safe from cyberattack. The programs shall be designed to focus on forming information security habits and procedures that protect information resources and teach best practices for detecting, assessing, reporting, and addressing information security threats. The department may make the training available as an online course. The office of technology services shall provide assistance to the Department of State Civil Service in the development of the training program. The cost of instituting, developing, conducting, and otherwise providing cybersecurity awareness training shall be paid in the manner established by R.S. 42:1383.
(2) The Department of State Civil Service shall make the education and training on cybersecurity developed pursuant to Paragraph (1) of this Subsection available to agencies within political subdivisions of the state at as minimal cost as possible to assist those agencies in compliance with the provisions of this Section.
B.(1) Each state and local agency shall identify employees or elected officials who have access to the agency's information technology assets and require those employees and elected officials to complete cybersecurity training. Each new state and local agency official or employee with access to the agency's information technology assets shall complete this training within the first thirty days of initial service or employment with the agency.
(2) The agency head shall verify and report to the Department of State Civil Service on the completion of cybersecurity training by agency employees. The agency head shall periodically require an internal review to ensure compliance.
(3)(a) An agency shall require any contractor who has access to state or local government information technology assets to complete cybersecurity training during the term of the contract and during any renewal period.
(b) Completion of cybersecurity shall be included in the terms of a contract awarded by a state or local government agency to a contractor who has access to its information technology assets.
(c) The person who oversees contract management for the agency shall report each such contractor's completion to the agency head and periodically review agency contracts to ensure compliance.
(d) The agency head shall verify and report to the Department of State Civil Service on the completion of cybersecurity training by each such contractor.
Acts 2020, No. 155, §1, eff. June 9, 2020; Acts 2020, 2nd Ex. Sess., No. 33, §1.
The following words and phrases used in this Chapter, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) "Administrator" means the firm which, in accordance with its contract with the Commission, maintains the plan records, provides information to participants and prospective participants, manages the day-to-day activities of the plan relating to the transmittal of participant funds to investment product companies selected by the Commission, provides enrollment services, and/or prepares studies and recommendations for the Commission.
(2) "Commission" means the Louisiana Deferred Compensation Commission.
(3) "Custodial financial institution" means a financial institution in which funds are deposited between the date on which they are deferred from a participant's compensation and the date on which they are transmitted to an investment product company.
(4) "Ex officio member" means the state treasurer, the commissioner of administration, the commissioner of insurance, the commissioner of financial institutions, the speaker of the House of Representatives, or his designee, or the president of the Senate, or his designee.
(5) "Investment product" means any fixed annuity, variable annuity, life insurance contract, savings account, or any other form of investment selected by the Commission for the purpose of receiving funds under the plan.
(6) "Participant" means: (a) a person whose compensation is currently subject to deferrals in accordance with Section 457 of the United States Internal Revenue Code, or (b) a person whose compensation has previously been subject to deferrals in accordance with Section 457 of the United States Internal Revenue Code and whose contributions have not been withdrawn.
(7) "Participant member" means any member of the commission other than an ex officio member.
(8) "Person" means any officer or employee of the state of Louisiana or of any of its political subdivisions, or an independent contractor who has a current contract with the state or any of its political subdivisions. "Person" shall also mean any parish coroner.
(9) "Plan" means the Louisiana Public Employees Deferred Compensation Plan, which is now in existence, and which was previously established pursuant to state statute and in accordance with Section 457 of the Internal Revenue Code of 1954, as amended. It shall include the plans implemented by the commissioner of administration and by the deferred compensation program for full-time judges.
Added by Acts 1972, No. 623, §1. Amended by Acts 1974, No. 410, §1; Acts 1975, No. 176, §1; Acts 1978, No. 684, §1; Acts 1982, No. 1, §1, eff. May 6, 1982; Acts 1985, No. 358, §1; Acts 2018, No. 615, §1.
A. There is hereby created within the Department of Treasury the Louisiana Deferred Compensation Commission for the purpose of continuing the plan. The Commission shall exist and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of R.S. 36:801.1.
B.(1) The Commission shall consist of nine members as follows:
(a) The state treasurer.
(b) The commissioner of administration.
(c) The commissioner of insurance.
(d) The commissioner of financial institutions.
(e) The speaker of the House of Representatives, or his designee.
(f) The president of the Senate, or his designee.
(g) Three participant members who shall be elected by participants in accordance with rules promulgated by the Commission.
(2) Four members of the commission shall constitute a quorum for the transaction of business.
C. The terms of the participant members who are first elected to membership on the Commission shall be as follows:
(1) One such member shall be elected for a term of three years.
(2) One such member shall be elected for a term of two years.
(3) One such member shall be elected for a term of one year.
Thereafter, each participant member shall be elected for a three-year term.
D. Each of the ex officio members of the Commission may be represented at any meeting of the Commission by his duly authorized representative.
E. Vacancies on the Commission arising because of death, resignation, or incapacity of a participant member shall be filled by a participant selected by the remaining members of the Commission; however, the person so chosen shall serve only until the next regularly scheduled annual election of a participant member. The participant elected at such election to fill such vacancy shall serve during the remainder of the unexpired term.
F. The members of the Commission shall choose their officers who shall serve for one year terms, but who may be reelected for successive terms.
G. Participant members of the Commission shall be eligible for reelection.
H. Membership on the Commission shall not be incompatible with the holding of any other public office or employment.
I. The members of the Commission shall serve without compensation but shall be entitled to receive travel expenses.
J. The attorney general shall be the legal advisor of the commission.
Added by Acts 1972, No. 623, §1. Amended by Acts 1974, No. 410, §1; Acts 1975, No. 176, §1. Acts 1976, No. 132, §1; Acts 1978, No. 684, §1; Acts 1979, No. 233, §1; Acts 1982, No. 1, §1, eff. May 6, 1982; Acts 2018, No. 615, §1.
The commission shall have the following powers and duties:
(1) To select the investments and to enter into contracts with the providers of such investments.
(2) To select the administrator, to enter into a contract with such firm and to do all such things as may be required in order to insure proper administration of the plan. In exercising this function, the commission shall act only after soliciting proposals from interested firms in accordance with specifications prepared by the commission. The preceding sentence notwithstanding, the commission may enter into a contract, without the necessity of soliciting proposals, with a nonprofit corporation whose membership is limited to participants and is open to all participants. The commission shall require the administrator to furnish bonds of the type and amount deemed appropriate by the commission.
(3) To choose the custodial financial institution(s) and to enter into appropriate contract(s) with such institution(s).
(4) To sue and be sued.
(5) To evaluate annually the performance of the administrator and of the investment products. Such evaluation shall include the administrator's performance in the handling of hardship applications. The commission shall take such action as is indicated by such evaluation. The results of each evaluation shall be made a part of the annual report referred to in Paragraph (9) of this Section.
(6) To agree by contract with any person to defer, in accordance with Section 457 of the United States Internal Revenue Code, as amended, future compensation which, except for the terms of the contract, would have been payable to such person, and to provide for any and all other available benefits under Section 457.
(7) To make use of the expertise, knowledge, and resources of any state officer, employee, or agency.
(8) To maintain minutes of all meetings, which minutes shall be available for inspection in the office of the state treasurer during regular office hours.
(9) To prepare and make available to participants an annual report concerning the status of the plan, which report shall supply information such as rates of return on, or performance of, investment products.
(10) To establish procedures for the processing of applications for withdrawal or deferral modification based upon hardship.
(11) To make, amend, repeal, and promulgate necessary rules, and to do such other things, not inconsistent with law, as are necessary to perform properly the powers and duties vested in it.
Added by Acts 1972, No. 623, §1. Amended by Acts 1974, No. 410, §1; Acts 1976, No. 132, §1; Acts 1978, No. 684, §1; Acts 1979, No. 233, §1; Acts 1981, No. 308, §2; Acts 1981, No. 550, §1; Acts 1982, No. 1, §1, eff. May 6, 1982; Acts 1984, No. 48, §1; Acts 2004, No. 393, §1, eff. June 23, 2004.
The commission shall be authorized to establish a Section 401(a) plan in accordance with the provisions of the Internal Revenue Code of 1954, as amended, under such rules and regulations as the commission shall adopt.
Acts 2001, No. 1068, §1, eff. June 28, 2001.
The Commission shall meet at least twice yearly, and all meetings of the Commission shall be held in compliance with the Louisiana Open Meetings Law.
Added by Acts 1981, No. 308, §2. Amended by Acts 1982, No. 1, §1, eff. May 6, 1982.
The legislative auditor is authorized to audit annually the books and records of the plan administrator, and is authorized and directed to audit annually the plan.
Added by Acts 1981, No. 550, §1. Amended by Acts 1982, No. 1, §1, eff. May 6, 1982.
Any compensation deferred pursuant to the plan operated under this Chapter shall be deemed regular compensation for the purpose of computing contributions or benefits under existing retirement, pension, or social security systems applicable to participants. This provision shall not supersede the provisions of R.S. 42:861.
Added by Acts 1982, No. 1, §1, eff. May 6, 1982.
Public notice of the Commission's intention to enter into a contract with an administrator or with an investment product company or to amend any such contract shall be published at least ten days prior to such action in the official journal of the state.
Added by Acts 1982, No. 1, §1, eff. May 6, 1982.
Notwithstanding the preceding provisions of this Chapter:
(1) The Commission shall not be required to comply with the rulemaking requirements of the Administrative Procedure Act prior to July 1, 1983.
(2) The first participant members of the Commission shall be chosen by the ex officio members of the Commission after receiving such advice from interested participants as may be feasible in view of the need for prompt action. Such participant members shall serve until the first election of participant members, which shall be held during the month of June, 1983.
Added by Acts 1982, No. 1, §1, eff. May 6, 1982.
A. The district attorneys and assistant district attorneys are hereby authorized to establish a deferred compensation program. The executive director of the Louisiana District Attorneys Association shall be the trustee of said program and the funds needed for the administration of the program shall be limited to one percent of the total amount in the fund including additional salary or compensation for the trustee which shall be set by the Board of Directors of the Louisiana District Attorneys Association.
B. Both state and local funds paid to district attorneys or assistant district attorneys may be deferred for the purposes of this program.
Added by Acts 1982, No. 1, §1, eff. May 6, 1982.
The classified employee member of the State Civil Service Commission provided for in Article X, Section 3(C) of the Constitution of 1974 shall be a full time, permanent employee in the classified state service for a period of one year prior to the date on which he qualifies as a candidate. He shall serve a term of six years, which shall commence on May 1 of the year in which he is elected.
Added by Acts 1974, Ex. Sess., No. 8, §1, eff. Jan. 1, 1975.
The director of the Department of State Civil Service shall issue the call for an election for the classified member of the State Civil Service Commission in January, 1975, and every six years thereafter, on the first Monday after January first of the election year.
Added by Acts 1974, Ex.Sess., No. 8, §1, eff. Jan. 1, 1975. Acts 1988, No. 164, §1.
Nomination as a candidate for the office of employee member of the commission shall be by petition of at least one hundred permanent employees in the state classified service. Such petition shall be filed with the director of the department of state civil service not later than seven working days after the call for the election. The director shall be responsible for supervising the election, which shall be by secret ballot.
Added by Acts 1974, Ex.Sess., No. 8, §1, eff. Jan. 1, 1975. Acts 1988, No. 164, §1; Acts 2003, No. 332, §1.
A. The name of each candidate who meets the requirements for candidacy shall be placed in alphabetical order on the ballot.
B. An election brochure shall be prepared in accordance with specifications prescribed by the director. The election brochure shall contain instructions for voting and information about each candidate who meets the requirements for candidacy. The candidate information shall appear in the election brochure in the same order as the names of the candidates on the ballot.
C. Each permanent employee in the classified service whose name appears on the employment roll thirty days prior to the date on which the call for the election is issued shall be qualified to vote in the election. Not later than thirty days after the final day for the filing of nomination petitions, ballots and brochures shall be delivered to each such permanent employee.
D. Each person, except for any person who is illiterate, blind, or so physically disabled as to prevent his exercise of the right to cast his vote without assistance, shall cast his vote out of the presence of any other person.
E. All votes shall be cast in accordance with the instructions in the election brochure.
F. Any ballot or vote received after the close of voting as prescribed in the election brochure, any ballot which contains a distinguishing mark, and any ballot on which the name of more than one candidate is marked shall be rejected.
G. All valid votes shall be counted within five days after the close of voting.
Added by Acts 1974, Ex. Sess., No. 8, §1, eff. Jan. 1, 1975. Acts 1988, No. 164, §1; Acts 1997, No. 45, §1; Acts 2003, No. 332, §1.
A. Except as to any person who is illiterate, blind, or so physically disabled as to prevent his exercise of the right to cast his vote without assistance, no voter shall allow his candidate selection to be seen by any person with an apparent intention of letting it be known how he is about to vote, place any distinguishing mark upon his ballot, or make a false statement as to his inability to vote. No person shall interfere or attempt to interfere with any voter when voting, or endeavor to induce any voter to show how he is about to vote, or influence or attempt to influence any voter to vote for or against a particular candidate, or otherwise violate any of the provisions of this Chapter or rules adopted pursuant thereto.
B. Whoever violates this Section shall be punished in accordance with R.S. 18:1461, R.S. 14:119, R.S. 14:120, R.S. 14:136, or any other applicable law enacted to punish violations of laws relating to other elections.
Added by Acts 1974, Ex. Sess., No. 8, §1, eff. Jan. 1, 1975. Acts 1988, No. 164, §1; Acts 2003, No. 332, §1.
All costs incurred in connection with the election provided for by this Chapter shall be paid out of funds available to the Department of State Civil Service for its operations.
Added by Acts 1974, Ex.Sess., No. 8, §1, eff. Jan. 1, 1975. Acts 1988, No. 164, §1.
A.(1) The director shall submit a written report of the election results to the State Civil Service Commission and the secretary of state within one working day after completion of the counting of votes or, if a runoff election is held, within one working day after completion of the counting of votes in the runoff election.
(2) Upon receipt of the results of the election, the secretary of state shall promulgate the results thereof. The candidate who receives the greatest number of the votes cast in the election shall be elected, provided such candidate receives at least thirty-five percent of the total votes cast in the election. If no candidate is elected in the first election, the candidate who receives the greatest number of the votes cast in the runoff election shall be elected. The secretary of state shall notify the candidate who is elected of his election.
(3) In the event that the two candidates in the runoff election each receive the same number of votes in the runoff election, the winner shall be determined by lot by the secretary of state.
B. The director of the Department of State Civil Service may make reasonable rules and regulations, not inconsistent with the constitution and laws of this state, as may be necessary to carry out the provisions of this Chapter.
Added by Acts 1974, Ex.Sess., No. 8, §1, eff. Jan. 1, 1975. Acts 1988, No. 164, §1; Acts 1997, No. 45, §1; Acts 2003, No. 332, §1.
Any election held under the provisions of this chapter may be contested in accordance with the provisions of the general laws of this state applicable to contests of elections of public officials.
Added by Acts 1974, Ex. Sess., No. 8, §1, eff. Jan. 1, 1975.
A. The classified employee member of the commission shall be elected for a six-year term and shall take office on the first of May following the election.
B. Vacancies occurring for any cause prior to the expiration of the term shall be filled for the remainder of the unexpired term by the eligible candidate who was unsuccessful in the most recent runoff election. If that candidate is not eligible to serve, or if a runoff election was not held in the most recent election, then the vacancy shall be filled by the eligible candidate who received the next highest number of votes in the most recent election.
C. Loss of status as a classified state employee in this state shall vacate the office of classified employee member of the commission and the vacancy shall be filled in the manner provided in Subsection B of this section.
D. Notwithstanding the provisions of Subsection C, a vacancy in the office of classified employee member of the commission shall not occur when the classified employee who was elected to that office continues to be employed in the same position in which employed when elected as a member of the commission, but the position is changed to an unclassified position by court order, administrative action, or legislative action.
Added by Acts 1974, Ex.Sess., No. 8, §1, eff. Jan. 1, 1975. Amended by Acts 1982, No. 385, §1; Acts 1988, No. 164, §1; Acts 2003, No. 332, §1.
In the event no candidate is elected in the first election, the candidates who receive the two highest number of votes cast in the election shall qualify as candidates in the runoff election. The director shall provide for the conduct of the runoff election in the same manner as provided in R.S. 42:1354, except that the ballots and election brochures for the runoff election shall be distributed not less than twenty nor more than twenty-five days after completion of the counting of votes in the initial election. All votes in the runoff election shall be cast prior to the close of voting prescribed in the election brochure for the runoff election.
Acts 1988, No. 164, §1; Acts 1997, No. 45, §1; Acts 2003, No. 332, §1.
A. Each member of the state civil service commission shall be paid a per diem of seventy-five dollars for each day devoted to the work commission, but not to exceed four thousand dollars for any member in any year, and shall be reimbursed for actual travel expenses authorized by the commission.
B. Each member of the city or other civil service commissions covered by Sections 4 and 14 of Article X of the Constitution of 1974 shall be paid a per diem in an amount not to exceed fifty dollars for each day of actual attendance at meetings of the commission of which he is a member, but not to exceed four thousand dollars for any member in any year, and shall be reimbursed for actual travel expenses authorized by the commission. The amount of the per diem shall be fixed by the commission.
Added by Acts 1974, Ex. Sess., No. 9, §1, eff. Jan. 1, 1975. Amended by Acts 1982, No. 181, §1.
A. As defined in the constitution of 1974, and for the purposes of this Section, "political activity" means an effort to support or oppose the election of a candidate for political office or to support a particular political party in an election. The support of issues involving bonded indebtedness, tax referenda, or constitutional amendments are not included.
B. Upon the written request of any classified state employee describing a proposed activity and requesting an opinion as to whether such activity constitutes a prohibited political activity, the State Department of Civil Service shall issue an advisory opinion as to whether or not the proposed activity which is the subject of the request of the employee is a prohibited political activity as defined by the constitution or by rules of the civil service commission. The State Department of Civil Service shall issue said opinion within twenty days of the receipt of said request by the State Department of Civil Service and in issuing such opinion shall cite the particular provision of the constitution or of commission rules by which the activity is prohibited. The opinion rendered by the State Department of Civil Service shall be effective until it is otherwise amended, revised, supplemented, or vitiated by the civil service commission and any action taken by the civil service commission shall not have retroactive effect.
Added by Acts 1976, No. 670, §1.
A. The cost of operating the state civil service system and instituting, developing, conducting, and otherwise providing in-service training and educational programs by the Department of State Civil Service shall be paid by agencies employing state classified employees. The total amount payable by each agency shall be calculated on the basis of a percentage of the annual gross salaries of the state classified employees within each agency, as reflected in the records maintained by the Department of State Civil Service on the last working day of the calendar year preceding the year of the billing, and shall not exceed nine-tenths of one percent of the annual gross salaries. The Department of State Civil Service shall bill each state agency the amount payable by that agency for the billing period. The amount so billed shall be payable by each agency within thirty calendar days from the date of the mailing of the billing.
B. If the amounts collected in any fiscal year pursuant to this Section do not meet the amount appropriated for the Department of State Civil Service by the legislature for that fiscal year, the commissioner of administration shall take action to insure that the Department of State Civil Service receives the full amount of the funds appropriated by the legislature.
C. The Department of State Civil Service may enforce through judicial proceedings any of the provisions contained in this Section. No suspensive appeal shall lie from a decision ordering compliance with any of the provisions contained herein, nor shall any stay order issue staying the enforcement of any such decision.
Added by Acts 1988, No. 639, §1, eff. July 1, 1988; Acts 1992, No. 893, §1, eff. July 8, 1992; Acts 2020, 2nd Ex. Sess., No. 33, §1.
The classified employee member of the state police commission provided for in Article X, Section 43(C) of the Constitution of 1974 shall be a full-time, permanent employee in the classified state police service for a period of one year prior to the date on which he qualifies as a candidate. He shall serve a term of six years, which shall commence on January first of the year following the year in which he is elected.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
{{NOTE: SEE ACTS 1990, NO. 788, §2.}}
The director of the state police service shall issue the call for an election for the classified member of the state police commission on the first Monday after November first of 1990 and every five years thereafter.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
Nomination as a candidate for the office of employee member of the commission shall be by petition of at least thirty permanent employees in the classified state police service. Such petition shall be filed with the director of the state police service not later than seven working days after the call for the election. The director shall be responsible for conducting and supervising the election, which shall be by secret ballot.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
A.(1) The director shall arrange the names of the candidates in alphabetical order and shall assign a number to each. He shall place the name of each candidate who meets the requirements for candidacy in alphabetical order on the ballot, together with the number assigned to each. The ballot shall be uniform.
(2) Not later than seven days after the final day for the filing of nomination petitions, he shall cause to be delivered to the appointing authority of the Department of Public Safety and Corrections one official ballot, one signature slip, one official ballot envelope, and one postage paid return envelope that is preprinted addressed to the director for each such employee whose name appears on the employment rolls thirty days prior to the date on which the call for the election is issued. The appointing authority shall initiate distribution of the voting materials immediately upon receipt. Each person shall cast his vote out of the presence of any other person.
(3) The marked ballot shall be sealed in the ballot envelope and shall be placed along with the signature slip containing the signature and social security number of the employee in the return envelope and returned to the director. No identifying mark, except for the required signature and social security number, shall be placed on the signature slip, and the ballot shall not be valid unless the signature slip is signed by the voter. The ballots shall be returned to the director on or before a date fixed by the director, which date shall be not less than ten nor more than fifteen days after distribution of the ballots to the appointing authority.
B. All ballots shall be counted under the direction of a ballot oversight committee composed of one classified state police officer named by each candidate and such additional number of classified state police officers, named by each candidate, as the director determines is necessary to complete the count.
C. Following a verification process determined by the director, the ballots shall be placed in one or more ballot boxes which shall be furnished by the director. Beginning on the day after the date fixed by the director as the last day for return of the ballots, the ballot oversight committee shall begin its count of the ballots by opening the ballots contained in the ballot boxes. The count of the ballots shall be completed within three days after the date fixed by the director as the last day for return of the ballots.
D. Any ballot which is not timely returned, or which is returned improperly signed, shall be marked "Rejected" by the ballot oversight committee and shall not be counted by the ballot oversight committee. In addition, the ballot oversight committee shall reject any ballot upon which the name of more than one candidate is marked.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990; Acts 1999, No. 513, §1.
A. No voter shall allow his ballot to be seen by any person with an apparent intention of letting it be known how he is about to vote, or place any distinguishing mark upon his ballot, or make a false statement as to his inability to mark his ballot. No person shall interfere or attempt to interfere with any voter when marking his ballot, or endeavor to induce any voter before voting to show how he is about to mark or has marked his ballot, or influence or attempt to influence any voter to vote for or against a particular candidate, or otherwise violate any of the provisions of this Chapter or rules adopted pursuant thereto.
B. Whoever violates this Section shall be punished in accordance with R.S. 18:1461, R.S. 14:119, R.S. 14:120, R.S. 14:136, or any other applicable law enacted to punish violations of laws relating to other elections.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
All costs incurred in connection with the election provided for by this Chapter shall be paid out of funds available to the state police commission for its operations.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
A.(1) The director shall submit a written report of the election results to the state police commission and the secretary of state within one working day after completion of the counting of the election ballots or, if a runoff election is held, within one working day after completion of the counting of runoff election ballots. Upon receipt of the results of the election, the secretary of state shall promulgate the results thereof. The candidate who receives a majority of the votes cast in the election, or the greatest number of the votes cast in the runoff election, shall be elected, and the secretary of state shall notify said candidate of his election.
(2) In the event that the two candidates in the runoff election each receive the same number of votes in the runoff election, the winner shall be determined by lot by the secretary of state.
B. The secretary of state and the director of the State Police Service may make such reasonable rules and regulations, not inconsistent with the constitution and laws of this state, as may be necessary to carry out the provisions of this Chapter.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
Any election held under the provisions of this Chapter may be contested in accordance with the provisions of the general laws of this state applicable to contests of elections of public officials.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
A. The initial election of the classified employee member of the commission hereunder shall be held as provided in this Chapter. The member then elected shall take office upon notification by the secretary of state of his election. Each successor thereafter shall be elected in the same manner as the initial member and shall take office on January first of the year following his election.
B. For the initial election to be held in 1990, the secretary of state shall perform the functions of the director of the state police service required by this Chapter, and the governor shall perform the functions of the secretary of state required by this Chapter. Thereafter, the functions with respect to the election shall be performed by the respective officers as provided in this Chapter.
C. Vacancies occurring for any cause prior to the expiration of the term shall be filled for the remainder of the unexpired term by special election conducted in accordance with the election procedures provided in this Part.
D. Loss of status as a classified state police officer in this state shall vacate the office of classified employee member of the commission, and the vacancy shall be filled in the manner provided in Subsection C of this Section.
E. Notwithstanding the provisions of Subsection D, a vacancy in the office of classified employee member of the commission shall not occur when the classified state police officer who was elected to that office continues to be employed in the same position in which employed when elected as a member of the commission, but the position is changed to an unclassified position by court order, administrative action, or legislative action.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
In the event no candidate receives a majority of the votes cast in the election, the candidates who receive the two highest number of votes cast in the election shall qualify as candidates in the runoff election. The director shall provide for the conduct of the runoff election in the same manner as provided in R.S. 42:1404, except that the ballots for the runoff election shall be distributed not less than five working days after completion of the counting of ballots in the initial election, and said ballots shall be returned by the voters to the director on or before a date fixed by the director, which date shall be not less than five nor more than ten days after the distribution of the runoff election ballots to the voters.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
Each member of the State Police Commission shall be paid a per diem of seventy-five dollars for each day devoted to the work of the commission, but not to exceed four thousand dollars for any member in any year, and shall be reimbursed for actual travel expenses authorized by the commission.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
A. A public officer shall be removed from office for conviction, during his term of office, of a felony.
B. The conviction for a felony of a public officer shall automatically suspend that individual from his public office without compensation. The suspension from public office without compensation shall continue until the conviction is final and all appellate review of the original trial court proceedings is exhausted. During the period of suspension, the public official shall not perform any official act, duty, or function nor shall he receive any compensation, pay, allowance, emolument, or privilege of his office. If the conviction is reversed on appeal, the public official shall be entitled to and shall receive full back pay with legal interest thereon from the date of suspension, compensation, and all rights, duties, powers, allowances, emoluments, and privileges of office to which he would have been entitled had he not been suspended.
C. During this period of suspension, another person shall be appointed to perform the official acts, duties, and functions of that office during the period of suspension. Any person appointed to perform these official acts, duties, and functions shall serve in his appointed capacity until the conviction of the public official is reversed on appeal or until expiration of the term of office of the suspended public official, whichever occurs first. Every person appointed under the provisions of this Section shall receive the same pay, compensation, allowances, emoluments, and privileges of the office to which he is appointed as the suspended public official received prior to his suspension.
D. No person appointed under the provisions of this Section shall be eligible in the next election as a candidate for the office to which he is appointed, except as provided in R.S. 18:602(E)(1).
E. Except as provided in this Subsection, if any public official except the governor or lieutenant governor is suspended under the provisions of this Section, the governor shall appoint another person to perform the official acts, duties, and functions of that office during the period of suspension. If the public official suspended under the provisions of this Section is a statewide elected official, other than the governor or lieutenant governor, the first assistant appointed under the provisions of Art. IV, Section 13 of the Constitution of Louisiana shall serve in the position during the period of suspension. Notwithstanding any provision to the contrary in this Section, if the public official suspended is a member of the legislature, no other person shall be appointed under the provisions of this Section to perform any official act, duty, or function of the suspended legislator. If the public official is a member of a parish or municipal governing authority, or combination thereof, or a mayor or any other local or municipal office, except as provided in this Subsection, the governing authority of the local governmental subdivision where the vacancy occurs shall appoint a person to perform the official acts, duties, and functions of the person suspended. If the official suspended is a member of a city or parish school board, the remaining members of the school board shall appoint the person to perform the official acts, duties, and functions of the person suspended. If the person suspended is a district attorney, clerk of a district court, coroner, sheriff, or tax assessor, then his first assistant or deputy shall perform his official acts, duties and functions as provided in R.S. 18:602(C).
F. Any person appointed to perform the official acts, duties, and functions of a public official suspended under the provisions of this Section shall have the same qualifications required by law to hold the office as the public official under suspension and he shall post any bond as may be required by law for that office.
G. For purposes of this Chapter, the term "felony" includes both a felony under the laws of this state and a felony under the laws of the United States. For purposes of this Chapter, the term "public officer" means any person holding a public office, whether state, district, parochial, ward, or municipal, whether the person is elected or appointed except judges of the courts of record.
Added by Acts 1976, No. 628, §1. Amended by Acts 1981, No. 601, §1; Acts 1985, No. 994, §1; Acts 1990, No. 892, §2.
A. For conviction of a felony any public officer shall be removed by judgment of the district court of the district in which he is domiciled. The district attorney of that judicial district shall institute the suit within ten days after the conviction is final and all appellate review of the original trial court proceedings is exhausted. Suits against the attorney general shall be brought in the Nineteenth Judicial District by the district attorney of that district, and suits against a district attorney shall be brought by the attorney general.
B. An action instituted pursuant to R.S. 42:1411 and R.S. 42:1412 is civil in nature; shall be prosecuted in accordance with the provisions of the Louisiana Code of Civil Procedure, except as otherwise provided in this Section; and shall be tried by preference over all other matters in a summary proceeding.
C. A hearing on the petition for removal shall be held not more than twenty days after service upon the public officer whose removal is sought. Judgment shall be rendered in the matter within ten days after the removal hearing. Within five days after the signing of the judgment, either party may appeal suspensively by obtaining an order of appeal and posting bond for a sum fixed by the court to secure the payment of costs. The trial judge shall fix the return day at a time not to exceed five days after the granting of the order of appeal. An application to the supreme court for a writ of certiorari may be made only within three days after the signing of judgment by the court of appeal. Each appellate court to which the action is brought shall place the matter on its preferential docket, shall hear it without delay, and shall render a decision within ten days after oral argument. The granting of an order of appeal or writ of certiorari suspends the effect of the judgment during the pendency of such proceedings.
D. Notwithstanding any law to the contrary, an appeal of a felony conviction in a state court of a public officer shall be given preference over other criminal appeals.
Added by Acts 1976, No. 628, §1. Amended by Acts 1981, No. 601, §1.
A. It is essential to the proper operation of democratic government in general and of law enforcement agencies in particular that public law enforcement officials and employees be independent and impartial; that decisions and recommendations by law enforcement officers be made through the proper channels of governmental structure; that positions of trust in law enforcement agencies not be used for private gain other than the remuneration provided by law; and that there be public confidence in the integrity of law enforcement organizations. It is the policy and purpose of these provisions to implement these objectives of protecting the integrity of the government of this state by prescribing essential restrictions on the conduct of law enforcement officers during the course of their discharge of official duties and responsibilities.
B. No law enforcement officer, whether a state, district, parochial, ward, or municipal officer, shall refer any person, with whom such officer has any relation or comes into contact in his professional capacity as a law enforcement officer, to any specific attorney at law, law firm, or investigator as a potential client, when said law enforcement officer receives any compensation for such referral.
C. Any law enforcement officer violating the provisions of Subsection B of this Section shall be removed from office as a law enforcement officer, and shall be fined not more than five thousand dollars or imprisoned with or without hard labor for not more than five years, or both, subject to applicable civil service laws, rules, and regulations, if any.
Added by Acts 1977, No. 758, §1. Acts 1993, No. 420, §3.
The employee-employer relationship existing between a state, district, parish, ward, or municipal employee, whether classified or unclassified, and the state, district, parish, ward, or municipality, as applicable, shall be terminated and such employee shall be removed from his position of employment with the state, district, parish, ward, or municipality, as applicable, upon conviction, during his employment, of a felony as defined by the laws of this state or by the laws of the United States. Within ten days after a conviction is final and all appellate review of the original trial court proceedings is exhausted, the appointing authority of the employing agency shall terminate any state, district, parish, ward, or municipal employee who is convicted of a felony and is holding a position of employment with such agency. For the purposes of Article X, Section 8(A) and Article X, Section 46(A) of the Louisiana Constitution and any provision of law relating to disciplinary action taken against a state employee including any provision of law relating to post-employment benefits, final conviction of a felony shall be a cause for termination of a state, district, parish, ward, or municipal employee.
Added by Acts 1982, No. 353, §1, eff. July 17, 1982; Acts 2003, No. 240, §1, eff. June 5, 2003.
Whenever an appropriation of state funds is made for the purpose of providing cost of living salary adjustments for personnel whose compensation is paid by the state of Louisiana, the adjustment in no circumstances shall be substituted for, be paid in lieu of, or be considered as a factor in determining whether or not any step increase or any merit, promotional, or other scheduled salary increase shall be granted.
Acts 1976, No. 600, §1.
A. The state of Louisiana shall not be liable for any damage caused by a district attorney, except as provided in Subsection D of this Section, a coroner, assessor, sheriff, clerk of court, except as provided in Subsection E of this Section, or public officer of a political subdivision within the course and scope of his official duties, or damage caused by an employee of a district attorney, except as provided for in Subsection D of this Section, a coroner, assessor, sheriff, clerk of court, except as provided in Subsection E of this Section, or public officer of a political subdivision.
B. The provisions of Subsection A of this Section are not intended to and shall not be construed to affect any personal liability which may arise from damage caused by any public officer of a political subdivision, or by a district attorney, coroner, assessor, sheriff, clerk of court, or the employee of any such public officer, nor shall the provisions of said Subsection A be construed to amend or repeal R.S. 13:5108.1.
C. For the purposes of this Section, "political subdivision" means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions.
D.(1) The state of Louisiana shall indemnify a district attorney and his office against any claim, demand, suit, complaint, or petition in a federal court based on allegations of the constitutional validity of a statute when the district attorney or his office has taken no action to institute prosecution by filing a bill of information or an indictment. The attorney general may, in exercising his discretion under R.S. 49:257(C), defend the district attorney or his office.
(2) When the attorney general has assumed the defense of a district attorney or his office, at any point in the litigation, before a judgment is final and executable, the attorney general, in concurrence with the governor, and the district attorney pursuant to R.S. 49:257(D), may enter into a settlement or compromise to resolve the litigation by means of a consent judgment.
(3) Payment of a final judgment or consent judgment shall be by legislative appropriation. Payment of a final judgment or consent judgment, of any amount, against a district attorney or his office shall not be made unless the payment is approved by a majority of members of a subcommittee of the Joint Legislative Committee on the Budget comprised of three members of the Senate and three members of the House designated by the chairman. Notwithstanding any other provision of law to the contrary, the subcommittee may meet in executive session to consider such agreements.
(4) The district attorney, or the attorney general, if the attorney general assumed the defense of the claim shall present the subcommittee with a concise abstract of the facts and principles of law upon which the claim is based. The abstract shall include a detailed analysis of the calculation of damages as well as attorney fees, court costs, and interest thereon. The abstract and other information submitted to the subcommittee shall be public record, with the exception of material that reflects the mental impressions, conclusions, opinions, or theories of an attorney.
(5) The amount of the final or consent judgment and terms and conditions of any agreement shall be public record.
E.(1) The state of Louisiana shall indemnify any clerk of court or any employee of his office against any claim, demand, or suit when the allegation is based on a challenge of the constitutional validity of a statute and when the clerk of court is acting in accordance with state law.
(2) Payment of a final judgment or consent judgment shall be by legislative appropriation. The payment of a final judgment or consent judgment, of any amount, against any clerk of court or any employee of his office shall not be made unless the payment is approved by a majority of members of a subcommittee of the Joint Legislative Committee on the Budget, comprised of three members of the Senate and three members of the House of Representatives as designated by the chairman. Notwithstanding any other provision of law to the contrary, the subcommittee may meet in executive session to consider such agreements.
(3) The clerk of court shall present the subcommittee with a concise abstract of the facts and principles of law upon which the claim is based. The abstract shall include a detailed analysis of the calculation of damages as well as attorney fees, court costs, and interest thereon. The abstract, the amount of the final or consent judgment, any terms and conditions of any agreement, and any other information submitted to the subcommittee shall be public record, with the exception of any material that reflects the mental impressions, conclusions, opinions, or theories of an attorney.
Added by Acts 1978, No. 318, §2; Acts 2017, No. 414, §1; Acts 2018, No. 594, §1, eff. May 28, 2018.
Civil Code Article 2320 and other laws imposing liability on a master for the offenses and quasi offenses of his servant shall not extend or apply to and shall not impose liability on the state for the offenses and quasi offenses of any person who is not expressly specified by R.S. 13:5108.2(A) to be an official, officer, or employee of the state entitled to indemnification under R.S. 13:5108.2.
Acts 1985, No. 451, §1; Acts 1995, No. 828, §4, eff. Nov. 23, 1995.
A. Civil Code Article 2320 and other laws imposing liability on a master for the offenses and quasi offenses of his servant shall not extend or apply to and shall not impose liability upon the state for the offenses and quasi offenses of any of those public officers named in Article V, Sections 26, 27, 28, and 29, and Article VII, Section 24, of the Constitution of Louisiana or any of their officers, deputies, assistants, employees, appointees, designees, or representatives.
B. Such public officers shall, by commercial insurance carriers, by self-insurance funds, by joining an interlocal risk management program, or by a combination of any two or more of them, secure general liability insurance coverage on themselves and on their officers, deputies, assistants, employees, appointees, designees, and representatives in amounts of not less than twenty thousand dollars per injured person. Such public officers may secure this insurance coverage themselves or through their respective associations. For purposes of being able to form new interlocal risk management programs or to join existing ones, the office of each such public officer in each parish of the state shall be deemed to be a separate "local governmental subdivision", and each association of such public officers and each combination of such associations shall be deemed to qualify as an "interlocal risk management agency", all within the meanings set forth in R.S. 33:1342.
Acts 1985, No. 451, §1; Acts 1989, No. 364, §1, eff. June 28, 1989; Acts 1995, No. 828, §4, eff. Nov. 23, 1995.
{{NOTE: SEE ACTS 1989, NO. 364, §2.}}
A. The master of an individual who is an elected or appointed public officer, official, or employee of a political subdivision, under the meaning and purpose of Civil Code Article 2320 and other laws imposing liability on a master for the offenses and quasi offenses of his servant, is the particular political subdivision of which such individual is a public officer, official, or employee.
B. Determinants of which political subdivision may be made liable as master for the offenses and quasi offenses of a public officer of a political subdivision under Civil Code Article 2320 and other laws imposing such master-servant liability, shall include:
(1) The territorial jurisdiction and territorial extent of the governmental body politic comprising the electorate who usually elects such public officer, if he is elected, or who usually elects the public officer who appoints such public officer, if he is appointed as an assistant, deputy, or other representative or designee of an elected public officer, and comprising the electorate whom such public officer primarily serves; if the office which the public officer holds is in the nature of a representative capacity on a multi-member board, council, commission, jury, or other multi-member body which acts as a whole, then the territorial jurisdiction and territorial extent of such multi-member board on which such public officer serves;
(2) The source of the funds used for the operating expenses of the office in which such public officer serves; and
(3) Unless such public officer is elected directly by the electorate of the political subdivision of which he is such officer, the office of the individual who has the right to control closely the daily time and physical activities of such public officer in carrying out his public duties.
C. Determinants of which political subdivision may be made liable as master for the offenses and quasi offenses of a public employee of a political subdivision under Civil Code Article 2320 and other laws imposing such master-servant liability and for finding an employer-employee relationship, shall include all of the following:
(1) The public officer or governmental body politic that exercises the power of selection and engagement of the public employee.
(2) The public officer or governmental body politic that supervises or has the right to control closely the daily time and physical activities of such public employee in carrying out his public duties.
(3) The public officer or governmental body politic that exercises the power of disciplinary actions and dismissal of the public employee.
(4) The source of the funds used for the payment of salaries or wages of the public employee.
D. As provided in R.S. 42:1, the term "public officer" includes anyone who holds any elective or appointive office created by constitution or law. The term is not synonymous with "state officer", as "public officer" includes not only public officers of the state but also public officers of parishes, municipalities, special districts, and other political subdivisions. While all offices created by the constitution or law are "public offices", they are not all "state offices", as they include parish offices, municipal offices, district offices, and offices of political subdivisions. A public officer may be the officer of a parish, municipality, district, or other political subdivision without being appointed by or under the direct control of the particular body which exercises the legislative functions of such parish, municipality, district, or political subdivision, in much the same manner as a public officer of the state may hold an office in the executive branch or may hold the office of a state court judgeship without being appointed by or under the direct control of the legislature.
E. As provided in R.S. 42:62, the term "political subdivision" means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions; in addition, for the purposes of this Part, mayor's courts, justice of the peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions. The terms "state" and "state agency" mean the executive branch, the legislative branch, and the judicial branch of state government, or the parts thereof, as defined in R.S. 42:62.
F. Civil Code Article 2320 and other laws imposing liability on a master for the offenses and quasi offenses of his servant shall not extend or apply to and shall not impose liability upon any political subdivision for the offenses and quasi offenses of another political subdivision, the state, or any other governmental body politic, or of the officers, deputies, assistants, employees, appointees, designees, or representatives of such other political subdivision, the state, or any other governmental body politic.
G. Notwithstanding Paragraph (2) of Subsection B of this Section and Paragraph (4) of Subsection C of this Section, when a political subdivision serves as an independent third-party paymaster for another political subdivision, the state, any state agency, or any other governmental body politic or for any public officer, official, or employee thereof or is otherwise mandated to pay any salaries, stipends, wages, fees, or expenses of any public officer, official, or employee of another political subdivision, the state, any state agency, or any other governmental body politic, neither an employer-employee relationship shall be established nor a master-servant relationship created for the purpose of imposing liability upon the paying political subdivision for the offenses or quasi offenses of a public officer, official, or employee of the other political subdivision, the state, the state agency, or any other governmental body politic.
Acts 1985, No. 451, §1; Acts 1995, No. 828, §4, eff. Nov. 23, 1995; Acts 1999, No. 150, §1, eff. June 9, 1999; Acts 2006, No. 138, §1, eff. June 2, 2006; Acts 2008, No. 193, §1, eff. June 13, 2008.
With respect to the nonliability situations set forth in this Chapter as well as the master-servant tort liability provisions contained in this Chapter, the legislature finds and states that:
(1) The intent of the Civil Code Article 2320 and other laws imposing liability on a master for the offenses and quasi offenses of his servant can be found implied in the traditional interpretation and application thereof, in much the same manner as explained in Blanchard v. Ogima, 253 La. 34, 215 So.2d 902 (1968), the same with respect to the relationships between governmental bodies politic and their respective officers and employees as it is with respect to relationships among private individuals.
(2) Such cases as Foster v. Hampton, 352 So.2d 197 (La. 1977) and 381 So.2d 789 (La. 1980); Mullins v. State, 387 So.2d 1151 (La. 1980), and Hryhorchuk v. Smith, 390 So.2d 497 (La. 1980), represent misinterpretations and misapplications of Civil Code Article 2320 and other laws imposing liability on a master for the offenses and quasi offenses of his servant.
(3) The intent and purpose of the provisions contained in this Chapter relative thereto are to restore to the legislatively created Civil Code Article 2320 and other laws imposing such master-servant liability the true legislatively intended meaning, interpretation, and application deviated from in such relationships, circumstances, and cases as reported in Foster v. Hampton, Mullins v. State, and Hryhorchuk v. Smith, supra.
(4) The intent, purpose, and effect of such provisions in this Chapter are not to attempt a reestablishment of any governmental immunity based on the status of sovereignty of any government, but rather to correct the legislatively created substantive law, in much the same manner as such provisions were correctly interpreted and upheld in Martinez v. Reynolds, 398 So.2d 156 (La. App. 3rd Cir. 1981), and Sullivan v. Quick, 406 So.2d 284 (La. App. 3rd Cir. 1981).
(5) The liability of government should be no greater than that of private individuals.
(6) That those legislatively created substantive laws which are misinterpreted and misapplied to result in such greater governmental liability can and should be corrected to the same extent and for the same relationships wherein they were erroneously interpreted and applied.
Acts 1985, No. 451, §1; Acts 1995, No. 828, §4, eff. Nov. 23, 1995.
A. When (1) a law enforcement officer, employed by the state or an agency thereof or by a political subdivision, as that term is defined in Article VI, Section 44 of the Constitution of Louisiana, has been subjected to an institution of prosecution for an alleged criminal act committed when the law enforcement officer is acting in good faith in the performance or in furtherance of the course and scope of his employment as defined by law and the policies and procedures of the law enforcement agency employing him, and (2) he is acquitted of the charge, the prosecution has been dismissed by the district attorney, or the periods of time have expired in which he could be brought to trial and convicted, the officer shall be reimbursed for reasonable attorney's fees incurred by him on account of the institution of prosecution. No reimbursement shall take place under the provisions of this Section until the suit is dismissed or finally adjudicated by a court of competent jurisdiction and the period for taking an appeal has expired. Reimbursement shall be from the governing authority by whom the officer was employed at the time of the alleged crime.
B. In a case of dismissal of prosecution, the officer may agree with the employer prior to the dismissal to waive any or all of his rights under this Section if the prosecution is dismissed. If an officer enters into a waiver agreement, it shall not be used as evidence of anything except as evidence of itself in a proceeding by the officer against his employer on matters affected by the waiver.
C. No law enforcement officer, unclassified or otherwise, shall lose any seniority, back pay, or other benefits within the authority of his employer to grant or withhold on account of institution of prosecution for a crime allegedly committed within the performance or in furtherance of the course and scope of his employment without an independent hearing or other established procedural step by the employer to meet fair due process standards.
D. Nothing herein shall prohibit an employer from suspending an employee pending a final resolution of an instituted prosecution.
E. Notwithstanding any other provision herein, the payments authorized by this Section shall be made only if the law enforcement officer has not violated any other rights or privileges secured by the state or federal constitution. The rights of such law enforcement officer shall not be construed as greater than those of an ordinary citizen.
Added by Acts 1983, No. 258, §1.
In any appeal under Article X, Section 8 of the constitution by an employee in the classified state civil service to overturn any action by the department or agency employing him in which the decision to take the action is overruled and such decision is found to be unreasonable, the Civil Service Commission shall order the department or agency to pay reasonable attorneys' fees incurred by the employee in appealing the action.
Added by Acts 1980, No. 461, §1.
A. Officials, whether elected or appointed and whether compensated or not, and employees of any "public entity", which, for purposes of this Section shall mean and include any department, division, office, board, agency, commission, or other organizational unit of any of the three branches of state government or of any parish, municipality, school board or district, court of limited jurisdiction, or other political subdivision or district, or the office of any sheriff, district attorney, coroner, or clerk of court, by the act of accepting such office or employment assume a personal obligation not to misappropriate, misapply, convert, misuse, or otherwise wrongfully take any funds, property, or other thing of value belonging to or under the custody or control of the public entity in which they hold office or are employed.
B. When, pursuant to a statute, ordinance, resolution, or contract or other agreement, a public entity, as defined in Subsection A, entrusts to a contractor or to a quasi-public entity of any kind the care, administration, allocation, or disposition of funds, property, or other things of value belonging to it or under its custody or control, the contractor or the quasi-public entity, and the officers and employees thereof personally, shall be deemed to have undertaken the obligation of a fiduciary with respect to such funds, property, or other things of value of the public entity.
C. The breach of an obligation established under this Section gives rise to an action in favor of the public entity for the recovery of any such funds, property, or other things of value and for any other damages resulting from the breach. This action is prescribed by ten years, reckoning from the date on which the breach occurred.
Added by Acts 1982, No. 786, §1.
Unless the context clearly indicates otherwise, the following words and terms, when used in this Chapter, shall have the following meanings:
(1) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
(2) "Agency head" means the chief executive or administrative officer of an agency or the chairman of a board or commission.
(3) "Covered application" means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
(4) "Governmental entity" means the state or any political subdivision.
(5) "Public servant" means anyone who is:
(a) An elected official or an administrative officer or official of a governmental entity.
(b) Appointed to a post or position created by rule, law, resolution, ordinance, charter, or executive order.
(c) Employed by an agency, officer, or official of a governmental entity.
Acts 2023, No. 308, §1, eff. June 13, 2023.
A.(1) The office of technology services shall develop a policy, subject to the approval of the Joint Legislative Committee on Technology and Cybersecurity, to prohibit the use of any covered application on any computer, device, or network owned or leased by the state.
(2) The office of technology services shall notify the agency head of each executive branch agency of the policy developed and approved pursuant to this Subsection when the office becomes aware that the agency is in possession of a computer, device, or network owned or leased by the state and shall make the policy available to any agency upon request by the agency.
(3) The agency head of an executive branch agency using a computer, device, or network owned or leased by the state shall ensure that the agency properly implements the policy developed pursuant to this Subsection.
B. The supreme court shall develop and implement a policy to prohibit the use of any covered application on any computer, device, or network owned or leased by the state and used by a judicial branch agency. The policy shall be substantially similar to the policy adopted and approved pursuant to Subsection A of this Section.
C. The Joint Legislative Committee on Technology and Cybersecurity shall develop a policy to prohibit the use of any covered application on any computer, device, or network owned or leased by the state and used by a legislative branch agency. The policy shall be substantially similar to the policy adopted and approved pursuant to Subsection A of this Section. The Legislative Budgetary Control Council shall oversee the implementation of the policy.
D. Any policy developed pursuant to this Section shall not prohibit a public servant from any of the following:
(1) Unrestricted access to a covered application for a legitimate scientific, educational, or law enforcement purpose as determined and approved by the public servant's agency prior to the public servant's access to the covered application.
(2) Unfiltered or unrestricted access to a covered application on a computer, device, or network that is not owned or leased by the state, provided that the public servant does not use the computer, device, or network to access a covered application in the course and scope of his public service.
Acts 2023, No. 308, §1, eff. June 13, 2023.
An agency head who fails to properly implement a policy developed and approved pursuant to this Chapter shall be subject to a civil penalty not to exceed five hundred dollars per violation. The agency head shall be personally liable for the payment of the penalty. The civil penalty may be recovered by the state in a civil action instituted by the attorney general.
Acts 2023, No. 308, §1, eff. June 13, 2023.
The provisions of this Chapter shall not apply to networks that are open and available for public access.
Acts 2023, No. 308, §1, eff. June 13, 2023.
Repealed by Acts 2011, No. 207, §2.
Repealed by Acts 2011, No. 207, §2.
Repealed by Acts 2011, No. 207, §2.
Repealed by Acts 2011, No. 207, §2.
Repealed by Acts 2011, No. 207, §2.
A. No state unclassified official or employee who is responsible for conducting performance planning and review sessions for a state classified employee shall receive an increase in his compensation unless his certifying official determines in writing that the unclassified official or employee has conducted his performance planning and review sessions in conformance with the rules of the State Civil Service Commission.
B. No state unclassified official or employee who is in the direct line of supervision of an unclassified official or employee described in Subsection A of this Section shall receive an increase in his compensation unless the certifying official of the unclassified official or employee described in Subsection A of this Section determines in writing that the unclassified official or employee described in Subsection A of this Section has conducted his performance planning and review sessions in conformance with the rules of the State Civil Service Commission.
C. For purposes of this Section, "certifying official" means the commissioner of administration, except as follows:
(1) If the unclassified official or employee described in Subsection A of this Section serves in a department headed by a statewide elected official, the statewide elected official shall be the certifying official.
(2) If the unclassified official or employee described in Subsection A of this Section serves in the division of administration, the governor shall be the certifying official.
(3) If the unclassified official or employee described in Subsection A of this Section serves in the Department of Public Service, the chairman of the Public Service Commission shall be the certifying official.
(4) If the unclassified official or employee described in Subsection A of this Section serves in a position at a public postsecondary education institution, the chairman of the management board that governs the institution shall be the certifying official.
Acts 2009, No. 377, §1, eff. July 1, 2010.
A. The Department of State Civil Service shall collect data regarding the turnover of state employees within each agency, as defined in R.S. 39:2(2). The department shall prepare and submit reports compiling and analyzing such data to the Joint Legislative Committee on the Budget as further provided in this Section. The reports may provide any information the department deems appropriate, and shall at a minimum include the following:
(1) The turnover and turnover rate for each agency and the costs associated with that turnover.
(2) The five job classifications with the highest turnover rates for the previous year.
(3) The five agencies and the five job classifications for which the cost of turnover is highest for the previous year.
B. The first report required pursuant to this Section shall be submitted on or before December 15, 2010. Subsequent reports shall be submitted by the fifteenth of December in each calendar year and shall contain information reported for previous years up to and including the previous ten years of information reported pursuant to this Section.
Acts 2010, No. 879, §1, eff. July 1, 2010.
A. No state employer, when filling a position, may inquire, including without limitation on an initial application form, about a prospective employee's criminal history until after the prospective employee has been given an opportunity to interview for the position or, if no such interview is to be conducted, until after the prospective employee has been given a conditional offer of employment.
B. Nothing in this Section shall be construed to prohibit a state employer from considering the criminal history of a prospective employee in making the final determination of whether to employ the person. In considering the criminal history of the prospective employee, the state employer may consider the following:
(1) The nature and gravity of the criminal conduct.
(2) The time that has passed since the occurrence of the criminal conduct.
(3) The specific duties and essential functions of the position and the bearing, if any, that the criminal conduct will have on the ability of the prospective employee to perform one or more of those duties or functions.
C. For purposes of this Section, "state employer" means any department, office, division, agency, commission, board, committee, or other organizational unit of the state.
D. This Section applies to each position in the state unclassified service, except a position in law enforcement or corrections or a position for which a criminal background check is required by law.
Acts 2016, No. 398, §1; Acts 2019, No. 392, §1.
A. No political subdivision, when filling an employment position, may inquire on an initial application form about a prospective employee's arrest record.
B. This prohibition does not preclude a political subdivision from inquiring about convictions, pending felony criminal charges, or pleas of nolo contendere of a prospective employee on the initial application form.
C. This Section does not apply to any employment position for which a criminal background check is required by law.
Acts 2019, No. 392, §1.
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