Terms Used In Louisiana Revised Statutes 42:1161

  • Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. See Louisiana Revised Statutes 42:1102
  • Agency head: means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. See Louisiana Revised Statutes 42:1102
  • Board: means the Board of Ethics. See Louisiana Revised Statutes 42:1102
  • Compensation: means any thing of economic value which is paid, loaned, granted, given, donated, or transferred or to be paid, loaned, granted, given, donated, or transferred for or in consideration of personal services to any person. See Louisiana Revised Statutes 42:1102
  • Elected official: means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. See Louisiana Revised Statutes 42:1102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Public employee: means anyone, whether compensated or not, who is:

                (i) An administrative officer or official of a governmental entity who is not filling an elective office. See Louisiana Revised Statutes 42:1102

  • Service: means the performance of work, duties, or responsibilities, or the leasing, rental, or sale of movable or immovable property. See Louisiana Revised Statutes 42:1102

A.  Filing of reports.  Every agency head shall file confidential reports with the board or panel on any matters that come to his attention which he believes may constitute a violation of this Chapter which is within the board or panel’s jurisdiction.

B.  Cooperation with board.  Every agency head shall cooperate in every possible manner in connection with any investigation or hearing which may be lawfully conducted by the board or panel.

C.  Compliance with order of board or panel.  Every agency head shall forthwith comply with any lawful order received from the board or panel and shall immediately take disciplinary action against any employee under his supervision when ordered to do so by the board or panel.

D.  Failure to comply with order of board or panel.  Failure on the part of any agency head who is not an elected official to comply promptly with any lawful order received from the  board or panel shall subject him to all penalties provided for elsewhere in this Chapter and shall cause the immediate suspension of all salary and other benefits which he otherwise would be entitled to receive.  Such suspension shall remain in effect during the period in which he fails or refuses to comply, and all public employees are hereby directed to refuse to honor any drafts or other documents which would violate this provision.

E.  Agency employment lists.  Every agency head shall furnish the board or panel, upon request, a list showing the names, positions, compensation, if any, and the time actually spent earning such compensation of all agency employees.  The list shall be prepared at the expense of the agency furnishing it out of funds available to such agency.

F.  Screening of employees.  Every agency head shall constantly screen all employees under his supervision to ascertain that such employees are needed to perform the work of the agency and shall promptly take the necessary steps to reduce the number of the employees of the agency to a sufficient or satisfactory number required.  Knowingly having one or more employees on the payroll who are not rendering service for which they are being paid or having one or more employees on the payroll that violate the provisions of La. Rev. Stat. 42:1119 shall subject the agency head, a public employee having the authority to hire and fire the employee, and the immediate supervisor of the employee, as well as such employee, to the disciplinary action and penalties provided by this Chapter.

Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §§6, 11, eff. Jan. 1, 1997.