The Louisiana Board of Ethics is preparing to navigate significant operational hurdles in the coming months due to a newly enacted state law that enhances gubernatorial control over its operations.
Senate Bill 497, introduced by Sen. Blake Miguez of New Iberia, mandates an expansion of the ethics board from 11 to 15 members, although the additional four members will not be added until January next year.
Starting August, the board will face stricter quorum requirements for issuing opinions and launching ethics investigations. Currently, six out of 11 members are needed to convene a meeting, but under the new law, this threshold increases to eight members. Moreover, a minimum of ten members must be present for the board to proceed with investigations into potential ethics violations, according to Kathleen Allen, the board’s administrator.
The board has already encountered challenges maintaining a quorum under the existing rules. At a recent July meeting, only nine members were present, a number insufficient to meet the forthcoming requirements for conducting ethics investigations.
Board Chairwoman La Koshia Roberts of Lake Charles expressed concerns about the impact of these changes on the board’s ability to function effectively. She noted an instance earlier in the year when the board had to adjourn prematurely due to the inability to assemble a quorum of six members.
“The consistency of attendance is crucial,” Roberts emphasized during a recent meeting. “The upcoming changes will undoubtedly complicate our mandate to conduct the state’s business.”
The Louisiana Board of Ethics is tasked with overseeing elected officials, political candidates, and public employees for potential breaches of state ethics regulations, encompassing conflicts of interest and lapses in campaign finance reporting. The board receives confidential reports concerning government officials, determining whether these merit further investigation.
Under previous legislation, ethics board members were selected by the governor and legislators from a list provided by leaders of Louisiana’s private colleges and universities. However, under the new law, this requirement has been abolished, granting Governor Jeff Landry and lawmakers greater autonomy in appointing members.
Starting January, Governor Landry will directly appoint nine out of the 15 board members, with the remaining six chosen by legislators, subject to confirmation by the Louisiana Senate. Despite these changes, specific eligibility criteria remain in place: board members are prohibited from holding state contracts, making political donations, or volunteering for political campaigns. Additionally, representation from each congressional district is mandated.
The new law also encourages a diverse composition for the ethics board, advocating for a blend of retired judges, elected officials, and individuals with no prior political office. However, concerns have been raised regarding the feasibility of attracting retired judges to serve on the board, given the restrictions that would compel them to relinquish any part-time judicial duties.
Board member Alfred Speer, a seasoned veteran who served as the Louisiana House clerk for four decades, voiced skepticism about the practicality of the new provisions. He highlighted challenges in recruiting retired judges, citing potential disincentives related to compensation and concurrent judicial responsibilities.
Moreover, logistical adjustments will be necessary for the board to accommodate 15 members during its monthly hearings in downtown Baton Rouge. Current facilities may require reconfiguration to accommodate the expanded board size effectively.
Critics of the legislative changes argue that augmenting gubernatorial control over the ethics board could undermine transparency and invite cronyism into its operations. They contend that the revised structure may jeopardize the board’s ability to act independently in overseeing ethical standards among public officials.
Governor Landry himself has been embroiled in a dispute with the ethics board following allegations of failing to disclose travel on a campaign donor’s private plane to and from Hawaii while attending a work conference as Louisiana’s attorney general. Negotiations are ongoing to determine an appropriate resolution to this matter.
As the Louisiana Board of Ethics prepares to navigate these legislative changes, the impact of increased gubernatorial oversight and expanded board membership remains a subject of considerable scrutiny and debate.