NOTE: This provision of law was included in the Unconstitutional Statutes
Biennial Report to the Legislature, dated March 21, 2024.
§1141.4. Notice and procedure
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.