La. Rev. Stat. § 42:1121 — LA Code / Code revised-statutes / Title 42 / Section 1121
Assistance to certain persons after termination of public service
Status: in_force

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.
La. Rev. Stat. § 42:1119 — LA Code / Code revised-statutes / Title 42 / Section 1119
Nepotism
Status: in_force

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, 1 st 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.
La. Rev. Stat. § 42:182 — LA Code / Code revised-statutes / Title 42 / Section 182
Officers to whom not applicable
Status: in_force

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.
La. Rev. Stat. § 42:66 — LA Code / Code revised-statutes / Title 42 / Section 66
Exemptions
Status: in_force

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, 1 st 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.
La. Rev. Stat. § 42:1009 — LA Code / Code revised-statutes / Title 42 / Section 1009
Studies and reports
Status: in_force

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.
La. Rev. Stat. § 42:321 — LA Code / Code revised-statutes / Title 42 / Section 321
Outgoing officer to deliver records to successor
Status: in_force

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.
La. Rev. Stat. § 42:57 — LA Code / Code revised-statutes / Title 42 / Section 57
Hearing; review
Status: in_force

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.
La. Rev. Stat. § 42:1003 — LA Code / Code revised-statutes / Title 42 / Section 1003
Federal-State agreement
Status: in_force

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 Act 2 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.

1 42 U.S.C.A. §401 et seq.

2 53 Stat. 175 to 179 (I.R.C.1939) §1400 et seq. and 26 U.S.C.A., §3101 et seq. (1954 Act)
La. Rev. Stat. § 42:1169 — LA Code / Code revised-statutes / Title 42 / Section 1169
Freedom from reprisal for disclosure of improper acts
Status: in_force

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, 1 st Ex. Sess., No. 5, §1, eff. April 26, 2008; Acts 2014, No. 362, §1.
La. Rev. Stat. § 42:186 — LA Code / Code revised-statutes / Title 42 / Section 186
Authentication and recordation of bonds
Status: in_force

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.
La. Rev. Stat. § 42:84 — LA Code / Code revised-statutes / Title 42 / Section 84
Defendant liable for costs and damages
Status: in_force

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.
La. Rev. Stat. § 42:80 — LA Code / Code revised-statutes / Title 42 / Section 80
Complaint; decree
Status: in_force

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.
La. Rev. Stat. § 42:1168 — LA Code / Code revised-statutes / Title 42 / Section 1168
Perjury; malfeasance in office
Status: in_force

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.
La. Rev. Stat. § 42:78 — LA Code / Code revised-statutes / Title 42 / Section 78
Service; answer
Status: in_force

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.
La. Rev. Stat. § 42:285 — LA Code / Code revised-statutes / Title 42 / Section 285
Names of deputies, employees, etc., and compensation to be reported
Status: in_force

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.
La. Rev. Stat. § 42:1461 — LA Code / Code revised-statutes / Title 42 / Section 1461
Public property; personal obligations of officials, employees, and custodians; actions; prescription
Status: in_force

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.
La. Rev. Stat. § 42:1360 — LA Code / Code revised-statutes / Title 42 / Section 1360
Runoff election; qualifying of candidates; procedure
Status: in_force

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.
La. Rev. Stat. § 42:181 — LA Code / Code revised-statutes / Title 42 / Section 181
Bond with surety residing in parish, or by surety company
Status: in_force

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.
La. Rev. Stat. § 42:1141 — LA Code / Code revised-statutes / Title 42 / Section 1141
Complaints and investigations
Status: in_force

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, 1 st 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.
La. Rev. Stat. § 42:161 — LA Code / Code revised-statutes / Title 42 / Section 161
Public officers to take constitutional oath
Status: in_force

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.
La. Rev. Stat. § 42:19 — LA Code / Code revised-statutes / Title 42 / Section 19
Notice of meetings
Status: in_force

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.
La. Rev. Stat. § 42:1123 — LA Code / Code revised-statutes / Title 42 / Section 1123
Exceptions
Status: in_force

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, 1 st Ex. Sess., No. 7, §1, eff. April 26, 2008; Acts 2008, 1 st Ex. Sess., No. 13, §3, eff. Jan. 1, 2009; Acts 2008, 1 st 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, 1 st 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.
La. Rev. Stat. § 42:1141.4 — LA Code / Code revised-statutes / Title 42 / Section 1141.4
Notice and procedure
Status: in_force

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.
La. Rev. Stat. § 42:1115.1 — LA Code / Code revised-statutes / Title 42 / Section 1115.1
Limitation on food, drink, and refreshment
Status: in_force

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, 1 st 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.
La. Rev. Stat. § 42:1309 — LA Code / Code revised-statutes / Title 42 / Section 1309
District attorney deferred compensation program
Status: in_force

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.
La. Rev. Stat. § 42:856 — LA Code / Code revised-statutes / Title 42 / Section 856
Optional coverage for rehabilitative physical therapy, speech and language pathology therapy, and occupational therapy
Status: in_force

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.
La. Rev. Stat. § 42:461 — LA Code / Code revised-statutes / Title 42 / Section 461
State employee compensation payments via electronic funds transfer
Status: in_force

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.
La. Rev. Stat. § 42:1132 — LA Code / Code revised-statutes / Title 42 / Section 1132
Board of Ethics
Status: in_force

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, 1 st 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.
La. Rev. Stat. § 42:1052 — LA Code / Code revised-statutes / Title 42 / Section 1052
Political subdivisions; authorization to designate portion of police salary as subsistence allowance
Status: in_force

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.
La. Rev. Stat. § 42:263 — LA Code / Code revised-statutes / Title 42 / Section 263
Resolution requesting special counsel
Status: in_force

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.
La. Rev. Stat. § 42:1141.8 — LA Code / Code revised-statutes / Title 42 / Section 1141.8
Summary judgment
Status: in_force

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.
La. Rev. Stat. § 42:185 — LA Code / Code revised-statutes / Title 42 / Section 185
Acceptance of sureties to be unanimous; appeal
Status: in_force

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.
La. Rev. Stat. § 42:1351 — LA Code / Code revised-statutes / Title 42 / Section 1351
Qualifications; term of office
Status: in_force

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.
La. Rev. Stat. § 42:722 — LA Code / Code revised-statutes / Title 42 / Section 722
Agencies governed
Status: in_force

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.
La. Rev. Stat. § 42:53 — LA Code / Code revised-statutes / Title 42 / Section 53
Oath or affirmation; prospective employees
Status: in_force

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.
La. Rev. Stat. § 42:1441.3 — LA Code / Code revised-statutes / Title 42 / Section 1441.3
Determination of master of officer of political subdivision for purposes of Civil Code Article 2320 and other master-servant tort liability laws
Status: in_force

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.
La. Rev. Stat. § 42:1409 — LA Code / Code revised-statutes / Title 42 / Section 1409
Initial election; successors; vacancies
Status: in_force

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.
La. Rev. Stat. § 42:1157 — LA Code / Code revised-statutes / Title 42 / Section 1157
Late filing fees
Status: in_force

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, 1 st 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.
La. Rev. Stat. § 42:1382 — LA Code / Code revised-statutes / Title 42 / Section 1382
State department of civil service; advisory opinions on political activity
Status: in_force

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.
La. Rev. Stat. § 42:1192 — LA Code / Code revised-statutes / Title 42 / Section 1192
Procedure
Status: in_force

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.
La. Rev. Stat. § 42:79 — LA Code / Code revised-statutes / Title 42 / Section 79
Interested persons to be joined with state
Status: in_force

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.
La. Rev. Stat. § 42:457 — LA Code / Code revised-statutes / Title 42 / Section 457
Union dues
Status: in_force

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.
La. Rev. Stat. § 42:1141.5 — LA Code / Code revised-statutes / Title 42 / Section 1141.5
Adjudicatory hearings
Status: in_force

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.
La. Rev. Stat. § 42:264 — LA Code / Code revised-statutes / Title 42 / Section 264
Penalties
Status: in_force

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.
La. Rev. Stat. § 42:1113 — LA Code / Code revised-statutes / Title 42 / Section 1113
Prohibited contractual arrangements; exceptions; reports
Status: in_force

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, 1 st 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.
La. Rev. Stat. § 42:1122 — LA Code / Code revised-statutes / Title 42 / Section 1122
Continuation in certain pension and other plans by public servants
Status: in_force

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.
La. Rev. Stat. § 42:1194 — LA Code / Code revised-statutes / Title 42 / Section 1194
Confidentiality
Status: in_force

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.