Current with changes from the 2024 Legislative Session
Section 18:1511.4 - [Effective 1/1/2025] Supervisory committee; investigationsA.(1) The supervisory committee by a two-thirds vote of its membership may initiate an investigation of any apparent or alleged violation of this Chapter when, as a result of its review of reports, other documents, or information filed under provisions of this Chapter or on the basis of a referral from another agency or department, it determines that there is reason to believe a violation of this Chapter has occurred. The supervisory committee shall notify the person alleged to have violated this Chapter of the supervisory committee's finding by letter, identifying the provision of law alleged to have been violated and the alleged factual basis supporting the finding, including reference to any specific transactions identified in the complaint.(2) The supervisory committee may initiate the investigation of an apparent or alleged violation of this Chapter in response to a complaint filed with the supervisory committee in the following manner:(a) Any person who believes that a violation of this Chapter has occurred may file a complaint in writing to the supervisory committee. The complaint shall differentiate between statements based upon personal knowledge and statements based upon information and belief.(b) The supervisory committee may provide a sample form for complaints. The complaint shall be signed by the complainant and shall contain the following:(i) The full name and address of the complainant.(ii) The identification of each person who the complaint alleges to have committed a violation.(iii) Statements in the complaint which are not based upon personal knowledge shall be accompanied by a reasonable identification of the source of information which gives rise to the complainant's belief in the truth of such statements.(iv) A clear and concise recitation of the facts describing the violation.(v) Any documentation in the possession of the complainant which supports the facts alleged in the complaint.(c)(i) If the staff of the supervisory committee determines the complaint substantially complies with Subparagraph (b) of this Paragraph, the staff shall, within five days after receipt, notify each person identified as having committed a violation that the complaint has been filed and advise them of supervisory committee compliance procedures.(ii) If the staff of the supervisory committee determines the complaint does not substantially comply with the requirements of Subparagraph (b) of this Paragraph, the staff shall, within five days after receipt, notify the complainant and any person or entity identified therein as having committed a violation that no action shall be taken on the basis of the complaint.(d) A copy of the complaint shall be enclosed with the notification provided to each respondent.(e) The supervisory committee shall take all reasonable steps necessary to appropriately anonymize and redact personally identifying information from the complaint whenever copies are provided to anyone entitled to a copy of the complaint under this Chapter.(f) The supervisory committee shall allow a respondent to submit a response to the complaint within fifteen days from receipt of a copy of the complaint. The response shall consist of a letter or memorandum setting forth reasons why the supervisory committee should take no action, along with any reasonably necessary supporting documentation which the respondent attaches thereto.(g) The supervisory committee shall take no action, nor make any finding, to the detriment of a respondent other than action dismissing the complaint, unless it has considered such response or unless no such response has been delivered to the supervisory committee within the fifteen-day period.(h)(i) Following either the expiration of the fifteen-day period or the receipt of a response, whichever occurs first, the supervisory committee shall, by a two-thirds vote of its membership, determine whether there is reason to believe a respondent has committed a violation of this Chapter.(ii) If the supervisory committee finds no reason to believe a violation of this Chapter has occurred, or otherwise terminates its proceedings, it shall so advise the complainant and any respondent named in the complaint by letter.(i) If the supervisory committee determines by an affirmative vote of two-thirds of its membership that it has reason to believe that a respondent has violated this Chapter, the supervisory committee shall notify respondent of its finding by letter, identifying the provision of law alleged to have been violated and the alleged factual basis supporting the finding, including reference to any specific transactions identified as a violation. B. In any investigation under the authority of this Chapter, the supervisory committee may examine or audit records and reports required to be maintained or filed under the provisions of this Chapter.C.(1) Pursuant to its authority under this Chapter the supervisory committee shall have the power and authority to hold hearings, to subpoena witnesses, administer oaths, compel the production of books, records, and papers, public and private, require the submission under oath of written reports or answers to questions, and to do all that is necessary to effect the provisions of this Chapter.(2) Upon motion by an affected party including, but not limited to, a candidate, committee, any member of a committee, 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 any inquiry is being conducted may make any order which justice requires to protect such person from annoyance, embarrassment, oppression, or 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 supervisory committee.(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.D. Upon petition by the supervisory committee or an adjudicatory panel of the Ethics Adjudicatory Board any district court within the jurisdiction of which any inquiry is being carried on may, in case of refusal to obey a subpoena or order of the supervisory committee or an adjudicatory panel of the Ethics Adjudicatory Board issued pursuant to this Chapter, issue an order requiring compliance. Any failure to obey the order of the court may be punished by the court as a contempt thereof.Acts 1980, No. 786, §1, eff. Jan. 1, 1981. Amended by Acts 1981, No. 59, §1, eff. June 17, 1981; Acts 1996, 1st Ex. Sess., No. 64, §2, eff. Jan. 1, 1997; Acts 2012, No. 609, §1, eff. June 7, 2012.Amended by Acts 2024, No. 664,s. 2, eff. 1/1/2025.Acts 1980, No. 786, §1, eff. 1/1/1981. Amended by Acts 1981, No. 59, §1, eff. 6/17/1981; Acts 1996, 1st Ex. Sess., No. 64, §2, eff. 1/1/1997; Acts 2012, No. 609, §1, eff. 6/7/2012.This section is set out more than once due to postponed, multiple, or conflicting amendments.