reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:193. Suits to test sufficiency of surety; summary trial; appeal

RS 42:193 - Suits to test sufficiency of surety; summary trial; appeal
The governor is authorized to direct the institution of suits by the Attorney General or district attorney to test the sufficiency and solvency of the sureties on the bond of any public officer, even after approval of the bond by those whose duty it is to pass upon it.
The suits provided for in this Section may be brought in any court of competent jurisdiction; they shall be tried summarily and in chambers, after ten days notice; and no suspensive appeal shall be allowed from a judgment which declares the bond insufficient or the sureties thereon insolvent unless the officer furnishes a new bond, approved by the proper officers and by the judge who rendered the original judgment.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:194. New bond

RS 42:194 - New bond
Within ten days after the rendition of final judgment setting aside any bond on account of its insufficiency, or the insolvency of the sureties, the party whose bond has been declared unsatisfactory shall furnish a new bond, approved by the judge who rendered the original judgment. In the event of failure to furnish a new satisfactory bond the office shall be declared vacant and filled by appointment under existing laws.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:195. Change in salary or compensation not to discharge bonds

RS 42:195 - Change in salary or compensation not to discharge bonds
The principal and the sureties on official bonds shall not be released or discharged by reason of any change in salaries, fees, commissions or perquisites of office, during the time for which the bond has been given.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:196. Sale of land of principal and sureties upon execution

RS 42:196 - Sale of land of principal and sureties upon execution
Whenever an execution issues against a defaulting officer, the officer to whom the execution is directed, may seize and sell any lands which belonged to the principal obligor at the date of the registry of his official bond, without regard to any subsequent transfer or change of title, and in whatever hands the property is found.
No sale shall be made of the property of the sureties until that of the principal has been discussed.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:197. Amount of liability may be stipulated

RS 42:197 - Amount of liability may be stipulated
The sureties on all bonds given by all public officers may stipulate the amount for which they will severally become liable. This Section does not apply to sureties on the bonds of the State Treasurer and the State Auditor.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:198. Special mortgage may be substituted for bond; appraisal

RS 42:198 - Special mortgage may be substituted for bond; appraisal
All public officers commissioned by the governor, who are required to give bond, may give a special mortgage on property situated within the parish in which they respectively exercise their functions. The mortgage shall be accepted by the persons appointed by law to accept the bond.
The public officer proposing to mortgage property shall exhibit his title and a certificate of mortgages, to the persons authorized to approve the bond, who shall cause the property to be appraised, and not receive it unless it is double the amount of security required, after deducting all mortgages. The persons taking the mortgage shall cause it to be inscribed in the office of the recorder of mortgages, as required by law.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:201. Special mortgage may be transferred to other property

RS 42:201 - Special mortgage may be transferred to other property
All public officers who are required to give bond and have availed themselves of the privilege to give a special mortgage, are authorized to have this mortgage transferred to other property, by applying to the governor in the manner specified in R.S. 42:202.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:202. Mode of transfer

RS 42:202 - Mode of transfer
The application for the transfer of a special mortgage to other property must be made by petition to the governor, who shall appoint two competent persons to evaluate the property offered as a substitute; and if a sworn appraisement of the property shows that its value is sufficient to answer for the sum required, then after accepting the new mortgage, the governor shall have it recorded in the manner directed by law, and authorize the cancellation of all anterior special mortgages, so far as the state may be interested.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:203. Annulment of bonds and mortgages after expiration of office, etc.

RS 42:203 - Annulment of bonds and mortgages after expiration of office, etc.
All bonds with security and all mortgages which have been furnished by any public officer who has resigned or died, or whose office has expired by limitation, or who has been dismissed from office, shall be automatically cancelled by such eventualities, and no additional requirement for cancellation is necessary. The provisions of this Section do not apply to the collector of state taxes and licenses, nor to the state tax assessors, whose bonds and mortgages may be cancelled by the State Comptroller according to law. The provisions of this Section shall likewise not affect the responsibility of sureties on said bonds and mortgages by acts of the principal where there is liability prior to the cancellation of the said bonds or mortgages.
Amended by Acts 1964, No. 233, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:261.1. Certain parish and city school boards; employment of general attorney

RS 42:261.1 - Certain parish and city school boards; employment of general attorney
Each parish and city school board in the state may select, employ, fix the salary of and pay its own general attorney, in which case the district attorney shall be relieved of responsibility to serve as counsel for such board.
Acts 1983, No. 475, §2.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:261.3. Execution of personal judgments against public officials

RS 42:261.3 - Execution of personal judgments against public officials
Personal judgments for sums of money rendered against present or former public officers or employees of the state or their estates for acts or omissions in the course of public employment shall not become executory until ninety days after the close of the next regular legislative session following the time such judgments become final, or until such time as the Legislature appropriates funds therefor, whichever occurs first, provided, the provisions of this Section shall not affect any special fund or funds created for the payment of special benefits.
For purposes of this section, a judgment becomes final, if appealed from, as provided by Articles 2166 and 2167 of the Code of Civil Procedure or, if there is no appeal taken from such judgment, after the delay for a devolutive appeal therefrom has elapsed.
Added by Acts 1978, No. 136, §1, eff. June 26, 1978.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:263. Resolution requesting special counsel

RS 42:263 - Resolution requesting special counsel
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:264. Penalties

RS 42:264 - Penalties
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:265. Special services by Attorney General

RS 42:265 - Special services by Attorney General
The governor may, in his discretion, require and direct the Attorney General to render any special services to any police jury or other parish governing authority, parish school board, or state board or commission, in any matter and when deemed necessary in the case of a state board or commission, to assume full charge and control of all legal proceedings relating to such matter.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:266. Mailing of notices, documents or communications: registration or certification optional

RS 42:266 - Mailing of notices, documents or communications: registration or certification optional
Whenever any officer or official of the state of Louisiana is required under any law of the state of Louisiana to mail any notice, document, communication, or any matter of any nature whatsoever by United States registered mail, such officer or official may, at his option, mail such notice, document, communication or other matter by United States certified mail.
Acts 1958, No. 375, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:267. Naming public buildings, etc., in honor of a living person prohibited; penalty

RS 42:267 - Naming public buildings, etc., in honor of a living person prohibited; penalty
A. Except as authorized or provided by law, no public building, public bridge, public park, public fish or game preserve, or public wildlife refuge­ owned by the state or by any political subdivision of the state or by any institution receiving its support in whole or in part from the state shall be named in honor of any living person.
B. The officer, officers, board, or commission responsible for naming any public building, public bridge, public park, public fish or game preserve, or public wildlife refuge named in violation of this Section in honor of any person who is still living shall change the name and the officer, officers, board, or commission in charge of such building, bridge, park, preserve, or refuge shall destroy, deface, or remove all plaques, signs, or other evidence of the name of such person appearing on the premises thereof.
C. Any person may commence a suit in the district court for the parish in which the building, bridge, park, preserve, or refuge is located for mandamus, injunctive, or declaratory relief to require compliance with the provisions of this Section, together with reasonable attorney fees and costs.
Acts 2004, No. 577, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:282. Record of monies received; penalty for violation

RS 42:282 - Record of monies received; penalty for violation
All public officers except notaries public, shall keep a full and complete record of all monies received by them for account of the state or its subdivisions or as fees for services rendered.
Whoever violates the provisions of this Section shall be fined, for the first offense, not less than twenty-five dollars nor more than fifty dollars, and for each subsequent offense not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than ninety days.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:282.1. Disbursement of funds by state agency, board or commission; information to be provided to legislators; penalty for violation

RS 42:282.1 - Disbursement of funds by state agency, board or commission; information to be provided to legislators; penalty for violation
Any other law to the contrary notwithstanding, any official, the head of any board, any commission or any agency of the State of Louisiana charged or assigned with the duty and/or responsibility to collect, receive or disburse state funds, excepting the governor, shall upon request furnish immediately to members of the legislature any information relating to the payment, allotment or disbursement of state funds. Nothing herein shall affect the confidence of the payment of state taxes.
Any person or persons found guilty of violating the provisions of this section shall be suspended from employment by the State of Louisiana, without pay, for a period of not less than sixty days or more than six months.
Acts 1972, No. 515, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:283. Expenditures to be reported to police juries and clerks of court

RS 42:283 - Expenditures to be reported to police juries and clerks of court
All parish sheriffs, clerks of court, assessors, coroners, registrars of voters, boards of health, boards of equalization, and all district levee boards, boards of commissioners of drainage districts for the state, parish of Orleans excepted, shall furnish annually to the governing authority and clerk of court of their respective parishes, a written itemized report showing the expenditures made by their respective offices, boards, or commissions, whether made out of the salary or expense funds of said offices or members of their respective commissions or boards, or otherwise.
Any office, board, or commission required by this Section to make reports and which functions or exercises control in more than one parish, must make its reports to the governing authority and clerk of court of each parish wherein it functions or exercises control.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:284. Reports, classification, and itemization

RS 42:284 - Reports, classification, and itemization
A. The reports provided for in R.S. 42:283 shall be classified under the following headings:
(1) Salaries of officials.
(2) Salaries of deputies.
(3) Salaries of other employees.
(4) Office supplies and furnishings.
(5) Other expenditures.
B. The reports required of the sheriffs at the various parishes shall also include specific itemization of the following expenditures:
(1) Transporting prisoners, fugitives, and insane persons.
(2) Feeding prisoners.
Acts 2004, No. 757, §1, eff. July 1, 2004.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:285. Names of deputies, employees, etc., and compensation to be reported

RS 42:285 - Names of deputies, employees, etc., and compensation to be reported
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:286. Time of making report

RS 42:286 - Time of making report
The annual reports required by R.S. 42:283 shall be made within thirty days after the close of the fiscal year employed by the respective offices, boards or commissions, and shall be filed and kept by the secretaries of the respective police juries and respective clerks of court, as public records, for one year.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:289. Definitions

RS 42:289 - Definitions
The following definitions shall be used in connection with the provisions of R.S. 42:289 through R.S. 42:291:
A. "Appointing authority" means an agency, department, officer, board, or commission of the executive branch and the officers and employees thereof authorized by statute or lawfully delegated authority to employ persons in state government.
B. "Board member" means a member of a board, commission, or other authority of state government created or authorized by law, by the Louisiana Constitution, or by executive order.
C. "Education employee" means an employee of a college or university of the state.
D. "Student employee" means an employee who is required under the terms of his employment to be a full-time student in a school, college, or university in this state.
E. "Unclassified employee" means any person holding an office or position of trust or employment in the state service, whether elective or appointive, who is not in the classified civil service of the state under the provisions of Section 2 of Article X of the Louisiana Constitution, excluding bona fide students employed by the educational institution in which they are enrolled as students.
Acts 1964, No. 38, §1. Acts 1987, No. 843, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:290. Filing of information on employees; exceptions; penalties

RS 42:290 - Filing of information on employees; exceptions; penalties
A. The appointing authority of each agency, board, commission, department, or other entity in the executive branch of state government shall file with the Department of State Civil Service the name, address, position, date of employment, place of employment, hours of work, and salary or per diem of each unclassified employee under its jurisdiction. Thereafter, within thirty days of employment, termination, or change in any of the elements of employment herein enumerated, the appointing authority shall report such employment, termination, or change in status to the Department of State Civil Service. Each such appointing authority shall report with respect to all classified employees under the jurisdiction of the entity as required by and in accordance with the rules of the State Civil Service Commission. All such information shall be open to public inspection and, except to the extent otherwise provided herein, shall be subject to the provisions of R.S. 44:1 through R.S. 44:41.
B. For purposes of R.S. 42:289 through 291, the term "state government" shall not include district courts, including the civil and criminal courts of Orleans Parish, district attorneys, sheriffs, clerks of court, registrars of voters, assessors, coroners, election officials and workers, parishes, municipalities, and any other unit of local government, including school boards and special districts, authorized by law to perform governmental functions.
C. Any person who willfully violates any provision of R.S. 42:289 or R.S. 42:290 shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment for a term of not less than ten days nor more than six months, or by both fine and imprisonment.
Acts 1964, No. 38, §§2-4. Amended by Acts 1972, No. 328, §2; Acts 1986, No. 898, §1; Acts 1987, No. 843, §1; Acts 1992, No. 949, §2, eff. Jan. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:291. Compilation of reported information; reports

RS 42:291 - Compilation of reported information; reports
A. The Department of State Civil Service shall collect and maintain in accordance with law the information reported pursuant to R.S. 42:289 and R.S. 42:290. Said department shall publish quarterly, or at lesser intervals as deemed appropriate by the director of state civil service, a report reflecting the number of employees of state government by categories as provided in Subsection B of this Section.
B.(1) The report shall provide, separately, the number of full-time equivalent executive branch employees of state government and the number of full-time equivalent executive branch employees of state government whose salaries and employee benefits are funded through an appropriation measure enacted by the legislature, and each such number shall be further divided into the number of:
(a) Education employees.
(b) Student employees.
(c) Board members.
(d) All other employees.
(2) The report also shall include the aggregate number of full-time equivalent executive branch employees of state government, excluding student employees and board members, and the aggregate number of full-time equivalent executive branch employees of state government whose salaries and employee benefits are funded through an appropriations measure enacted by the legislature, excluding student employees and board members. Each number reported also shall be subdivided into classified employees and unclassified employees.
C. The information reporting required by this Section in the various categories as required shall include information on the number of employees who are and are not residents of the state.
Acts 1987, No. 843, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:301. Default in settlement of arrears; suspension from office

RS 42:301 - Default in settlement of arrears; suspension from office
Whenever the State Auditor, or the governing authority of any parish, notifies the governor, that any public officer charged with the collection or custody of public funds, is in arrears, the governor shall make immediate demand upon that officer for settlement within a delay not exceeding ten days, and in default of his making full settlement within that delay, the governor shall at once suspend him from office.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:302. Temporary appointment during suspension

RS 42:302 - Temporary appointment during suspension
Whenever the governor suspends any officer under R.S. 42:301, he shall immediately appoint some person having the legal qualifications to perform the functions of the office during the suspension. The person so appointed shall take the oath and give the bond required by law, and shall exercise and perform all the powers and duties of the office.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:303. Power of governor to remove for cause is not modified

RS 42:303 - Power of governor to remove for cause is not modified
The provisions of R.S. 42:301 and 42:302 shall not be construed as modifying, limiting, or restraining the power of the governor, under existing laws to remove for cause any tax collector appointed by him, or as in any way affecting the penalties provided for failure to make settlement within the time prescribed by law.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:304. Report of defaulters by State Auditor to legislature

RS 42:304 - Report of defaulters by State Auditor to legislature
The State Auditor shall, on the first day of the session of each legislature, enclose to the president of the senate and speaker of the house, a list of all persons who are defaulters to the state on account of any public moneys; and, if in the list the name of any member of the legislature appears, the house to which he has been returned shall take such action as it may deem necessary.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:305. Annual report of defaulters; penalty

RS 42:305 - Annual report of defaulters; penalty
The State Auditor, the president of parish governing authorities, and the mayors of municipal corporations shall report annually to the governor, on or before the tenth day of November of each year, all persons who may be defaulters to the state, parish, or municipal corporations, with the amount of their defalcations.
Whoever fails or neglects to perform this duty shall forfeit the sum of five hundred dollars to be sued for and recovered in the name of the state by the district attorney.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:306. Annual publication of list of defaulters

RS 42:306 - Annual publication of list of defaulters
The State Auditor shall on the fifteenth day of December, annually, publish in the official journal of the state, for thirty days, the names of all persons who became defaulters to the state during the year, together with the amount of their defalcations.
No person whose name is in this published list shall be entitled to receive his commission until he has exhibited the proper discharge from the State Auditor.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:307. Governor to publish annually list of defaulters reported to him

RS 42:307 - Governor to publish annually list of defaulters reported to him
The governor shall report to the legislature and cause to be published annually, in the official journal of the state, a list of all persons who appear to be defaulters by the reports on file in his office.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:321. Outgoing officer to deliver records to successor

RS 42:321 - Outgoing officer to deliver records to successor
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:322. Penalty for failure to deliver records; application

RS 42:322 - Penalty for failure to deliver records; application
Every public officer who withholds or detains from his successor, or other person entitled by law thereto, any of the books, records, documents, or writings appertaining to his office, or who mutilates, destroys, or takes them away from the building or office where they are usually kept, shall be imprisoned not less than one year nor more than ten years.
The provisions of this Section apply to any person, who has in his possession books, records, documents, or writings, and refuses to deliver them to the proper authority, or who willfully mutilates, destroys, withholds, or detains them, or aids in their mutilation, destruction, or detention.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:341. Definitions

RS 42:341 - Definitions
Unless the context clearly indicates otherwise, the following words and terms, when used in this Chapter, shall have the following meanings:
(1) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
(2) "Agency head" means the chief executive or administrative officer of an agency or the chairman of a board or commission.
(3) "Elected official" means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. It shall also include any person appointed to fill a vacancy in such office.
(4) "Governmental entity" means the state or any political subdivision.
(5) "Public employee" means anyone who is:
(a) An administrative officer or official of a governmental entity who is not filling an elective office.
(b) Appointed to a post or position created by rule, law, resolution, ordinance, charter, or executive order.
(c) Employed by an agency, officer, or official of a governmental entity.
(6) "Public servant" means a public employee or an elected official.
Acts 2018, No. 270, §1, eff. January 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:342. Mandatory policy prohibiting sexual harassment

RS 42:342 - Mandatory policy prohibiting sexual harassment
A. Each agency head shall develop and institute a policy to prevent sexual harassment which is applicable to all public servants in the agency.
B. At a minimum, the policy shall contain all of the following:
(1) A clear statement that unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature constitute sexual harassment when the conduct explicitly or implicitly affects an individual's employment or the holding of office, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment and shall not be tolerated.
(2) A description of the behavior the agency defines as inappropriate conduct, including examples.
(3) An effective complaint or grievance process that includes taking immediate and appropriate action when a complaint of sexual harassment involving any public servant in the agency is received. The complaint process shall detail who may make a complaint, to whom a complaint may be made, and shall provide for alternative designees to receive complaints. Actions taken on the complaint shall be documented.
(4) A general description of the investigation process, including requiring the alleged sexual harasser and the alleged victim to participate in the investigation.
(5) A clear prohibition against retaliation against an individual for filing a complaint or testifying or participating in any way in an investigation or other proceeding involving a complaint of sexual harassment.
(6) A general description of the possible disciplinary actions which may occur after the conclusion of the investigation, including the possible disciplinary actions that may be taken against a complainant if it is determined that a claim of sexual harassment was intentionally false.
(7) A statement apprising public servants of applicable federal and state law on sexual harassment, including the right of the complainant to pursue a claim under state or federal law, regardless of the outcome of the investigation.
Acts 2018, No. 270, §1, eff. January 1, 2019; Acts 2019, No. 413, §1, eff. Jan. 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:343. Preventing sexual harassment; mandatory training requirements

RS 42:343 - Preventing sexual harassment; mandatory training requirements
A.(1) Each public servant shall receive a minimum of one hour of education and training on preventing sexual harassment during each full calendar year of his public employment or term of office, as the case may be.
(2) An agency head shall require supervisors and any persons designated by the agency to accept or investigate a complaint of sexual harassment in his agency to receive additional education and training.
B. The education and training required pursuant to this Section may be received either in person or via the internet through training and education materials approved by the public servant's agency head.
C. Each agency head shall ensure that each public servant in the agency is notified of the agency's policy against sexual harassment and the mandatory training requirement on preventing sexual harassment. The agency head, or his designee, shall be responsible for maintaining records of the compliance of each public servant in the agency with the mandatory training requirement. Each public servant's record of compliance shall be a public record and available to the public in accordance with the Public Records Law.
D. Each agency head shall ensure that its policy against sexual harassment and its complaint procedure is prominently posted on its website or, if the agency does not have a website, that a notice on how to obtain the information is posted in a conspicuous location in each of the agency's offices.
Acts 2018, No. 270, §1, eff. January 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:344. Mandatory reports

RS 42:344 - Mandatory reports
A. Each agency head shall compile an annual report by February first of each year containing information from the previous calendar year regarding his agency's compliance with the requirements of this Chapter including the number and percentage of public servants in his agency who have completed the training requirements, the number of sexual harassment complaints received by his agency, the number of complaints which resulted in a finding that sexual harassment occurred, the number of complaints in which the finding of sexual harassment resulted in discipline or corrective action, and the amount of time it took to resolve each complaint. These reports shall be public record and available to the public in the manner provided by the Public Records Law.
B. Agency heads in state government shall submit the reports required by Subsection A of this Section by February fifteenth of each year as follows:
(1) Agency heads in the twenty principal departments of the executive branch of state government, the office of the governor, and the office of lieutenant governor shall submit the report to the division of administration.
(2) Agency heads in the legislative branch of state government shall submit the report to the Legislative Budgetary Control Council.
(3) Agency heads in the judicial branch of state government, including the supreme court, courts of appeal, district courts, and other courts authorized by Article V of the Constitution of Louisiana, shall submit the report to the chief justice of the supreme court.
C. The office of risk management, within the division of administration, shall submit an annual report to the speaker of the House of Representatives and the president of the Senate, related to the complaints of sexual harassment which are filed with the office for adjustment, as follows:
(1) The total number of sexual harassment cases filed with office of risk management.
(2) The number of cases which are settled and the total monetary amount paid in settlements.
(3) The number of cases for which a lawsuit is filed and the disposition of each case.
(4) The monetary amount paid for attorney fees, court costs, expert witness fees and any other litigation costs to defend each sexual harassment complaint.
Acts 2018, No. 270, §1, eff. January 1, 2019.
NOTE: First reports required pursuant to this Section due February 2020, see Acts 2018, No. 270, §2.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:345. Department of State Civil Service; assistance

RS 42:345 - Department of State Civil Service; assistance
A. The Department of State Civil Service shall develop and make available education and training material at no cost to assist state agency heads and state employees in complying with the requirements of this Chapter.
B. As required by Article VII, Section 14 of the Constitution of Louisiana, the Department of State Civil Service shall recoup the costs of copying or reproducing the training material on a compact disc and recoup the cost of mailing the disc to the agency, unless the agency is subject to the fees assessed for in-service training pursuant to R.S. 42:1383.
Acts 2018, No. 270, §1, eff. January 1, 2019; Acts 2020, 2nd Ex. Sess., No. 33, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:351. Declaration of public policy

RS 42:351 - Declaration of public policy
A. The state of Louisiana is committed to providing a workplace that is free from sexual harassment. Sexual harassment in the workplace is strictly prohibited under the Equal Employment Opportunity Act, 42 U.S.C. 2000e-2; the Louisiana Employment Discrimination Law, R.S. 23:301 through 303 and 332; and the Louisiana laws on the prevention of sexual harassment, R.S. 42:341 through 345. The Legislature of Louisiana has enacted laws requiring each agency of a governmental entity to develop and institute a policy to prevent sexual harassment, which is applicable to all public servants, public employees, and elected officials.
B. It is hereby declared that in order to reduce the impact of sexual harassment judgments and settlements on the taxpayers of the state, it is the public policy of this state that as sexual harassment is against state and federal law, and state agencies have adopted policies and required training to prevent sexual harassment, when there has been a determination that sexual harassment has occurred, the state should consider certain factors in determining whether the alleged sexual harasser should be required to reimburse all or a portion of the settlement or judgment.
Acts 2019, No. 413, §2, eff. June 20, 2019.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:352. Definitions

RS 42:352 - Definitions
Unless the context clearly indicates otherwise, the following words and terms, when used in this Chapter, shall have the following meanings:
(1) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of state government.
(2) "Agency head" means the chief executive, administrative officer of an agency, or the chairman of a board or commission.
(3) "Complainant" means the person who files a complaint alleging that they have been the victim of sexual harassment as described in this Chapter.
(4) "Elected official" means any person holding an office in state government which is filled by the vote of the electorate. The term includes any person appointed to fill a vacancy in that office.
(5) "Public employee" means anyone who is:
(a) An administrative officer or official of state government who is not holding an elective office.
(b) Appointed to a post or position of state government created by rule, law, resolution, or executive order.
(c) Employed by an agency, officer, or official of state government.
(6) "Public funds" means monies of the state, including but not limited to monies from the state risk management program established by R.S. 39:1528 et seq., monies from an exempted institution of higher education pursuant to R.S. 17:3139.5, the state general fund, dedicated funds, fees and self-generated revenues, or any other source of public funds.
(7) "Public servant" means a public employee or an elected official.
(8) "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature which explicitly or implicitly affects an individual's employment or the holding of office, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment, by a public servant of the state. It includes intimidation, reprisal, retaliation, or discrimination that is unlawful under state or federal law and is taken against a public servant of the state because of a claim of sexual harassment in violation of state or federal law.
(9) "State government" means the legislative branch, executive branch, and judicial branch of state government, but shall not include any parish, municipality, or any other unit of local government, including a school board special district, mayor's court, justice of the peace court, district attorney, sheriff, clerk of court, coroner, tax assessor, registrar of voters, or any other elected parochial or municipal official.
Acts 2019, No. 413, §2, eff. June 20, 2019.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:353. Litigation and settlements

RS 42:353 - Litigation and settlements
A. Notwithstanding any law to the contrary, including but not limited to R.S. 13:5108.1, when a claim of sexual harassment has been brought and the office of risk management, or the exempted institution of higher education, determines that sexual harassment did occur, the sexual harasser shall be responsible for the payment of all or a portion of the amount of the settlement or judgment. In determining the amount that the sexual harasser should contribute to any compromise of the claim, the following factors shall be considered:
(1) Whether the sexual harasser was engaged in the performance of the duties of his office or employment with the state at the time the sexual harassment occurred.
(2) The severity of the sexual harassment.
(3) The stage of litigation.
(4) The ability of the sexual harasser to pay.
B. When a claim is filed against the state due to a claim of sexual harassment which results in a final judgment or settlement against the state, the attorney general, on behalf of the state, may file suit against the sexual harasser to assert and enforce the state's right to reimbursement and indemnity from the sexual harasser. The attorney general is also entitled to recover from the alleged sexual harasser all costs and reasonable attorney fees incurred in asserting that right.
C. The attorney general shall receive as compensation an amount not to exceed twenty-five percent of the total monies recovered from the enforcement of the state's right to reimbursement from the sexual harasser, as set forth in this Chapter, to be deposited into the Department of Justice Debt Collection Fund. The attorney general, the office of risk management or the exempted institution, and the agency shall determine whether the interests of the state are best served by litigation or by the making of an offer or the acceptance of an offer to settle or compromise the claim or litigation.
Acts 2019, No. 413, §2, eff. June 20, 2019.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:354. Dissemination of information to all elected officials, public employees, and public servants

RS 42:354 - Dissemination of information to all elected officials, public employees, and public servants
A. The commissioner of administration shall prepare a notice to be furnished to each agency head in the executive branch of state government for annual dissemination to each public servant in the executive branch of state government advising them of their potential liability if they are determined by the appropriate person in accordance with the public servant's agency policy or by a court of competent jurisdiction to have committed sexual harassment. Notice shall also be disseminated to any newly elected, appointed, or employed public servant in the executive branch of state government.
B. The Legislative Budgetary Control Council shall prepare a notice to be furnished to each agency head in the legislative branch of state government for annual dissemination to each public servant in the legislative branch of state government advising them of their potential liability if they are determined by the appropriate person in accordance with the public servant's agency's policy or by a court of competent jurisdiction to have committed sexual harassment. Notice shall also be disseminated to any newly elected, appointed, or employed public servant in the legislative branch of state government.
C. The chief justice of the supreme court shall prepare a notice to be furnished to each agency head in the judicial branch of state government for annual dissemination to each public servant in the judicial branch of state government advising them of their potential liability if they are determined by an agency head or a court of competent jurisdiction to have committed sexual harassment. Notice shall also be disseminated to any newly elected, appointed, or employed public servant in the judicial branch of state government.
Acts 2019, No. 413, §2, eff. June 20, 2019.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:355. Public record; exception

RS 42:355 - Public record; exception
Any settlement executed in connection with a claim filed pursuant to this Chapter shall be a public record, with the exception of the name of the victim of the sexual harassment.
Acts 2019, No. 413, §2, eff. June 20, 2019.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:371. Vacancies filled by governor; office holder to continue in office when called to active military service with armed forces, reserve or Louisiana National Guard

RS 42:371 - Vacancies filled by governor; office holder to continue in office when called to active military service with armed forces, reserve or Louisiana National Guard
Except as otherwise required by the constitution and laws of the State of Louisiana, and except in other cases where the law already provides for vacancies in office to be filled by appointment by the governor, whenever a vacancy occurs in any state, district, parish, ward or municipal office, by reason of death, resignation or otherwise, the said vacancy shall be filled by appointment of the governor, by and with the advice and consent of the senate, until the next regular election shall be held, according to law; provided, however, that no vacancy shall be deemed to have occurred by reason of the absence of any elected official serving in any state, district, parish, ward or municipal office when such is called to active military service as a member of the armed forces, reserve, or the Louisiana National Guard.
Amended by Acts 1966, No. 392, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:374. Appointments by governor and senate; when nominations to be sent to senate

RS 42:374 - Appointments by governor and senate; when nominations to be sent to senate
In all cases when the law shall direct any appointment to be made by the governor and senate, within a limited time, a nomination for that appointment shall be laid before the senate at least six days before the expiration of the time for appointment.