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Jefferson Parish commission adopts formal procedures for ethics complaints
Summary
The Ethics and Compliance Commission voted to adopt written policy and procedures for handling ethics complaints, changing the standard language from "clear and convincing" to "sufficient evidence," and clarifying confidentiality and discovery rules under the Administrative Procedure Act.
The Jefferson Parish Ethics and Compliance Commission on Nov. 1 voted to adopt formal policies and procedures detailing how ethics complaints will be handled, including intake, confidentiality during investigations, discovery parameters and hearing procedures under the Administrative Procedure Act.
A presenter outlined the proposed process: complaints may arrive as sworn statements, written allegations, or by majority referral of the commission; jurisdiction covers parish personnel, elected officials and entities that receive parish funds. State ethics matters or criminal allegations will be referred to the relevant state agency or criminal authority.
The presenter said discovery will generally be permitted (witness lists, exhibits, depositions) and that hearing procedures will follow the Administrative Procedure Act; undisputed evidence must be provided to the commission seven days prior to the hearing. The policy clarifies that investigative materials remain confidential until presented at a public hearing and that the commission will be notified only if and when formal charges are filed.
Commission counsel proposed replacing the phrase "clear and convincing evidence" with "sufficient evidence" in the section describing the threshold to proceed with formal charges. The presenter said that change is intended to set an internal sufficiency standard for filing charges and to differentiate administrative procedure standards from criminal or civil proof standards.
A motion to accept the policy and procedures as presented was moved and seconded and passed on a voice vote; no opposition was recorded.
The commission directed that the adopted procedures be posted on the IG office website as part of the planned redesign.
