Jindal to put forth ethics law package
Gov. Bobby Jindal said Friday that he will propose a package of bills to improve ethics enforcement, including one measure that would give the Louisiana Board of Ethics more time to investigate allegations of potential wrongdoing.
The legislation has not yet been filed. No details were given in the news release the administration used to announce the initiative.
The ethics-related bills to be filed for the legislative session opening March 12 would, according to the Jindal administration:
- Clean up vagueness in the state law that split ethics enforcement efforts between the Louisiana Board of Ethics, which now investigates and prosecutes cases, and the Ethics Adjudicatory Board, which decides whether violations occurred. The problem has led to disputes over which entity has responsibility for what actions, frustrating enforcement and prompting several lawsuits.
- Give the Ethics Board limited appeal rights when it disagrees with rulings of the Ethics Adjudicatory Board on interpretations of law.
- Spell out which entity has what authority to enforce violations of campaign finance disclosure laws. The Ethics Board acts as the supervisory committee over campaign finance laws. The adjudicatory panels have claimed that the law did not give them responsibility in the area.
The proposals are among those the Ethics Board recommended last month for consideration in the legislative session. Prior attempts to address some of the issues died as legislative committees with jurisdiction in the area declined to consider changes.
The Ethics Board has objected to a law change that started a one-year clock from receipt of complaints of alleged violations to conclusion of investigations and any filing of charges. The board said the time was not sufficient in some cases and those being investigated could delay inquiries.
Jindal’s executive counsel Elizabeth “Liz” Murrill said the governor’s intent “is to not have the clock start or continue to run when someone is actively doing things to inhibit an investigation.”
“What you want to have is some flexibility in the system,” Murrill said in an interview Friday. “We all share the same goal for clarity and predictability in the system and not let people kind of game the system.”
Murrill said the governor wants the Ethics Board to have the right to appeal some issues that arise between the Ethics Board and Ethics Adjudicatory Board to the district court. The board should have a limited right of appeal on issues of law. “You would be able to have some clarity when there’s a difference of opinion,” she said.
Ethics Board Chairman Frank Simoneaux said he had not seen the proposals. “But we should have regular full appeal rights so the court ultimately decides controversial issues of the ethics laws,” Simoneaux said. He said the right should include appeal of any decision of the Ethics Adjudicatory Board.
Among the recent differences of opinion has been the extent of confidentiality of information gathered as ethics cases are investigated. The Ethics Adjudicatory Board has ruled for document release while the Ethics Board has argued that release would have a chilling effect on ethics law enforcement. The Ethics Board cites state law it contends mandates confidentiality.
Ethics administrator Kathleen Allen said the proposals would address some of the issues the Ethics Board raised in a letter sent to Jindal; Senate President John Alario, R-Westwego; House Speaker Chuck Kleckley, R-Lake Charles; and others in the Louisiana Legislature.
State Sen. Jody Amedee, R-Gonzales, chairman of the Senate and Governmental Affairs Committee, which would hear the proposals when filed, said he doesn’t foresee any problems. He said proposals clear up “gray areas” in the laws passed in 2008.
“When you make major changes, you can’t solve all the problems. You don’t think of problems that may come up,” Amedee said.
Meanwhile, the Public Affairs Research Council of Louisiana welcomed the Jindal legislative initiative.
“These proposals could be a productive step forward by adding clarity and better administration to the process of handling cases,” PAR President Robert Travis Scott said in a statement issued by the governmental research group.
Scott said PAR is in the process of completing its own review of existing ethics laws and the enforcement system.
This file was updated to correct the quote by Elizabeth Murrell.