§ 23-135. Procedure for resolution of complaints.

(a)

Complaints:

(1)

The board shall consider any signed sworn written complaint concerning a violation of this division which is within its jurisdiction and filed by an elector of the parish. Such person must be willing to appear before the board in public hearings to testify in support of his complaint. A copy of the complaint shall be mailed by certified mail to the party against whom it is filed within five (5) days after it is filed.

(2)

The board may, by resolution adopted by a majority of its membership, consider any matter which it has reason to believe may be a violation of this division within its jurisdiction or the regulations or orders issued by the board. Once adopted, the resolution shall be signed by the chairman and a copy thereof shall be mailed by certified mail to the party against whom it is directed within five (5) days after the resolution is adopted. The staff of the board shall appear at private or public hearings to produce evidence in support of the resolution.

(b)

Investigation and hearing. Upon receiving a complaint or adopting a resolution as provided in subsection (a), the board or hearing officer shall first conduct a private investigation to determine the facts of the case under consideration. After the investigation has been completed, the board shall determine whether to conduct public hearings in order to determine whether any violation of this division within its jurisdiction has occurred, and if a violation has occurred, to prescribe authorized penalties. All determinations in this section shall be by a majority vote of the board's membership.

(c)

Review of hearing officer's report. If a hearing officer conducts a public hearing to determine whether a violation of this division within the jurisdiction of the board has occurred, the board shall review his report within thirty (30) days after its completion.

(d)

Procedure:

(1)

Any elected official or person who is to be the subject of a public or private hearing shall be given written notification of the charges against him and of the time and place such hearing is to be held. Such notification shall not be less than sixty (60) days prior to the date set for the hearing. Upon the request of an elected official or person charged, the hearing may be held sooner.

(2)

For purposes of an investigation or a hearing, the board or hearing officer may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any records which the board or hearing officer 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 the board or hearing officer at no cost to the elected official or person charged as permitted by the rules of the board.

(3)

In case of contumacy or refusal to obey a subpoena issued to any elected official or person, any district court of this state within the jurisdiction of which the inquiry is carried on, or within which the elected official or person is found, resides or transacts business, upon application by the board or hearing officer shall have jurisdiction to issue to such elected official or person an order requiring him to appear before the board or hearing officer and to produce evidence, if so ordered, or to give testimony touching on the matter under consideration. Any failure to obey such order of the court may be punished by the court as contempt thereof.

(4)

If any elected official shall willfully refuse or fail to appear before the board or hearing officer, or any court authorized to conduct any hearing or inquiry pertaining to the provisions of this division or, having appeared, shall refuse to testify or answer any question related to the affairs of government of the parish or the conduct of any employee, official of the parish or any person on the ground that his testimony or answers would tend to incriminate him, or shall refuse to waive immunity from prosecution on account of any matter about which he may be asked to testify at such hearing or inquiry, such action shall be grounds for the board to prescribe the penalties provided by the laws of the state and parish.

(5)

No disciplinary action shall be taken against a public employee, elected official or person by the board unless it is determined by a majority vote of its membership that such elected official or person has violated a provision of this division within its jurisdiction at a public hearing conducted for that purpose.

(6)

Any elected official or person who is the subject of any investigation or hearing may have legal counsel, cross-examine witnesses, and call witnesses and present evidence in his own behalf.

(7)

Any witness other than the person who is the subject of the investigation or hearing may be accompanied by counsel at investigations or hearings, which counsel may advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the investigation or hearing. His counsel may also submit proposed questions to be asked for his client.

(8)

Any witness at any investigation or hearing, subject to rules and regulations promulgated by the board, shall be entitled to a copy of his testimony when the same becomes important and relevant in a criminal proceeding or subsequent investigation or hearing provided that the furnishing of such copy will not prejudice the public safety or security.

(9)

In making any official determination of whether any provision of this article has been violated, the board or its hearing officer may only consider testimony given under oath and transcribed verbatim by a reporter.

(10)

If the investigation of the board or hearing officer fails to disclose any substantial evidence to support the charges and after a review of the hearing officer's investigation, if one is conducted, the board shall make an official determination of its findings and thereupon close its file on the charges. The elected official or person charged may require the board to make an official determination of the validity of the charges against him.

(11)

The records of the board prepared or obtained in connection with investigations and private hearings conducted by the board or a hearing officer shall be deemed confidential and privileged, except that such records shall be available to each member of the board, the hearing officer involved, and the parish attorney. Except as provided in this paragraph, all records shall be public.

(12)

It shall be a misdemeanor for any member of the board, its counsel, any hearing officer, other employee or any other person to make public the testimony taken at a private investigation or private hearing of the board or of its hearing officer, or to make any public statement or give out any information concerning a private investigation or private hearing of the board or of its hearing officer without the written request of the public employee, elected official or person investigated. Upon receipt of a written request by the elected official or person charged, the board shall:

a.

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

b.

Make public the findings of any private investigation or hearing in connection with the charges.

(13)

It shall be a misdemeanor for any member of the board or hearing officer to engage in private or ex parte interviews, arguments or communications designed to influence his decision in any case except with members of the board or its staff.

(Code 1961, § 13-58)