Louisiana Ethics Reforms

This article is sourced from: http://www.laethics1.com/Package/ReformPackage.asp

A growing, statewide coalition of organizations has contributed to the development of this initiative and is supporting the following reform package in the 2007 session of the Legislature:

Reform Agenda:

Reform Package

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• Require financial disclosure by legislators and legislative candidates; publish a list of delinquent filers.
• Strengthen access to public records.
• Make governmental ethics training mandatory for elected officials, top public-sector employees, and appointees to public boards/commissions.
• Create an independent, full-time ethics administrator.
• Enhance citizen access to ethics reports and filings.
• Implement targeted technical improvements to existing state ethics laws.
  • Enhanced whistleblower protection and outreach.
  • Expanded lobbyist registration and reporting requirements.
  • Task force to review 'exceptions' to the Ethics Code.

To enable these reforms and improve enforcement activities, the annual budget of the Ethics Administration should be increased by $550,000 to support IT upgrades, expanded education efforts, and a full-time state ethics administrator.

Following the year one (2007) package, the same coalition of organizations anticipates pursuing a second year of reforms (2008), which tentatively includes the following items:

• Elimination of unjustifiable exceptions to the Code of Ethics.
• Additional improvements to the enforcement functions of the Ethics Administration.
• Expansion of financial disclosure requirements to other state elected officials.
• Strengthened anti-shakedown laws and enforcement.
• Prohibition against legislators changing votes following adjournment.
• Prohibition against negotiated contracts between legislators and government entities.
• Prohibition against legislators engaging in private business relationships with lobbyists.
• Strengthened civil and criminal penalties for elected officials who deliberately violate campaign finance laws.

Personal Financial Disclosure

Personal financial disclosure laws require elected officials to disclose personal financial information that would indicate potential material conflicts of interest, thereby promoting transparency and accountability in government. While the governor and gubernatorial candidates are currently required to file extensive financial disclosure forms, legislators must only report income that is derived from the state, gaming interests, or disaster recovery contracts under the present law.

• Require financial disclosure by legislators and legislative candidates.
  • Require annual disclosure of income, assets, and liabilities in broad ranges (e.g., less than $10,000, $10,000-$24,999, $25,000+), which will promote accountability by revealing potential material conflicts of interest.
• Publish a list of delinquent filers.
  • Require the Ethics Administration to publish a list of delinquent filers, allowing the public to know which legislators have failed to disclose financial information. The widespread availability of this list would encourage compliance with the law.

Freedom of Information

Freedom of information laws ensure access to public records, allowing citizens to oversee the activities of their government.

• Strengthen access to public records.
  • Provide citizens and journalists denied access to public records with the option of a quick, free administrative appeal as an alternative to the court system, which can be too intimidating and costly for many.

Ethics Administration

The Ethics Administration Program is charged with the education, training, and enforcement efforts related to the Louisiana Code of Governmental Ethics. While enforcement issues are not ranked by third-party organizations, improvements to the Ethics Administration's independence, capacity, and effectiveness will improve governmental ethics across the state.

• Make government ethics training mandatory.
  • Require training (e.g., via web-based modules) in ethics laws for elected officials, top public-sector employees, and appointees to public boards and commissions, which will dramatically reduce inadvertent violations of the Ethics Code and allow the Ethics Board to focus its attention on significant ethics violations.
• Create an independent, full-time Ethics Administrator.
  • Require the state Ethics Administrator to be a full-time position with no significant outside business activity, which will ensure focused attention on ethics administration and an avoidance of real or perceived conflicts of interest in the enforcement of ethics laws.
• Enhance citizen access to ethics reports and filings.
  • Provide public access to streamlined, web-based, searchable information on lobbyist disclosure, legislative financial disclosure, and other ethics reports, which will greatly improve transparency and accountability in government.
• Form a broad-based task force to review "exceptions" to ethics laws and recommend changes.
  • Currently, there are over 100 exceptions in the Code of Governmental Ethics. While some of these may have legitimate purposes, others are not reasonable. This reform would provide for the creation of a task force to extensively review the exceptions and recommend changes to the Legislature.

To enable these reforms and improve enforcement activities, the annual budget of the Ethics Administration should be increased by $550,000 to support IT upgrades, expanded education efforts, and a full-time state ethics administrator.

Whistleblower Protection Laws

Whistleblower laws protect public servants who come forward to report government corruption.

• Require the posting or distribution of whistleblower protection laws in all public offices in plain language.
  • This very inexpensive reform would go a long way in advancing good government by informing public servants of their rights while legitimizing warranted whistle-blowing.
• Extend whistleblower protection to include threats.
  • Currently, the law protects against "discriminatory action" as reprisal, but does not specifically mention "threats." This reform would provide additional protection for those reporting government corruption.
• Specify the procedure by which violators may be brought up on criminal charges.
  • Currently, only civil penalties are specified for violators in the whistleblower protection laws. This reform would explicitly reference the existing procedure by which the Ethics Board may conduct investigations and refer certain cases to the appropriate district attorney for criminal prosecution. By emphasizing the potential for tougher penalties, this reform further discourages managers from punishing whistleblowers.

Lobbyist Regulation

Lobbyist regulation laws allow the public to see who is trying to influence their government as well as how much money is being spent on such efforts. There are two main types of reports that lobbyists file: lobbyist registration forms (filed annually) and lobbyist expenditure reports (filed semi-annually).

• Enhance lobbyist registration requirements to include registration before beginning lobbying activities; listing of subject matters to be addressed; information about the type of lobbying work to be performed (i.e., pro bono, salaried, contractual).
  • Require additional information of lobbyists at registration to inform the public, in a timelier manner, about the subjects an individual plans to lobby and the type of compensation they will receive for that work.
• Enhance lobbyist expenditure reports to require a listing of subject matters addressed.
  • Require additional information on lobbyist expenditure reports to inform the public about which subject matters were lobbied during the reporting period.
• Institute mandatory electronic registration and expenditure report filing.
  • Currently, lobbyists may submit either electronic reports or paper copies. The introduction of mandatory electronic filing would facilitate public access to streamlined, web-based, searchable information.
• Eliminate the lobbyist disclosure exception for meals provided in connection with legislators and executive branch officials giving a speech, being a member of a panel, or otherwise being involved in an informational presentation to a group (in state only).
  • Generally, lobbyists have to report the gifts given to legislators above a certain level of value. However, gifts given in association with an in-state speech, panel discussion, or presentation are currently not reportable. This reform would eliminate this exception, further increasing public knowledge about external influences on government.

For additional information on transforming governmental ethics laws and enforcement in Louisiana, read our white paper.