[StBernard] Proposed ethics bill stirs debate

[Westley Annis]

Proposed ethics bill stirs debate
Would lower threshold of proving a violation 
Thursday, May 29, 2008
By Robert Travis Scott
Capital bureau 

BATON ROUGE -- Several bills that would change state ethics laws moved
forward in the Legislature on Wednesday, but one of the measures drawing the
most attention was a bill that was not debated. 

House Bill 906 by Rep. Nita Hutter, R-Chalmette, contains a controversial
provision that would lower the standard of evidence used to judge whether an
ethics violation has occurred. 

Sen. Bob Kostelka, R-Monroe, did not schedule the bill to be heard Wednesday
for the panel he chairs, the Senate and Governmental Affairs Committee,
which considered a long list of other ethics bills at the same stage of the
legislative process. 

"I don't plan to hear it," said Kostelka, who has guided much of the new
ethics legislation proposed by Gov. Bobby Jindal. "I intend to fight it all
the way." 

The issue has become a political football, with critics of Jindal claiming
that Kostelka's stance will make state ethics laws hard to enforce. 

"Now, Sen. Kostelka is sitting on a measure that would at least allow for an
honest and open debate on the issue," State Democratic Party Chairman Chris
Whittington said. 

Louisiana law's current standard requires substantial evidence to convict
someone of an ethics violation. A law passed in the special session in
February will change that standard starting Aug. 15 to a more rigorous level
of "clear and convincing" evidence, a legal standard used in about eight
other states with ethics boards. Kostelka backed that change. 

After an outcry against the new standard from members of the Board of Ethics
and a number of lawmakers, Hutter's bill was amended recently on the House
floor to change the standard to "any substantial" evidence, generally
considered a lower threshold of proof than even the current law. 

Kostelka has opposed that change and has said that substantial evidence is
generally an unusual standard for courtroom cases except for appeals. He
said he and the administration are opposed to the Hutter bill's standard of
evidence as well as the original intent of the measure, which would require
the ethics board to reveal the identities of people making complaints. 

Hutter said she would talk to Kostelka and expects to get a Senate committee
hearing next week. 

Meanwhile, the Senate committee postponed for a week action on House Bill
1337, which addresses what some lawmakers think is a bizarre provision in
current ethics law. According to the Louisiana Municipal Association and
other supporters of the bill by Rep. Elton Aubert, D-Vacherie, current law
prevents local elected officials from accepting basic public services, such
as water and sewer service from a local utility, for their businesses. 

Although the ethics board has not charged anyone with that violation, that
interpretation of the law could be enforced unless the ethics code is
changed, they say. Some panel members questioned whether Aubert's bill goes
too far in fixing the problem by making an overly broad exception for the
kinds of contracts that pubic officials can enter. 

The bill is expected to return with proposed amendments next week. 

The committee passed House Bill 392 by Rep. Rick Gallot, D-Ruston, which
would require public bodies, except the legislature, to vote unanimously to
take up matters not posted on a meeting agenda at least 24 hours in advance.
Current law requires a two-thirds vote of the body. The Louisiana Press
Association and the Council for a Better Louisiana support the measure. 

The panel also passed House Bill 290 by Hebert Dixon, D-Alexandria, to
require the Board of Ethics to send copies of ethics complaints to the
person accused, with the name of the complainant redacted. 

On the Senate floor Wednesday, Sen. A.G. Crowe, R-Slidell, passed Senate
Bill 499, which changes the definition of lobbying under the ethics code to
provide some exceptions for registration as a lobbyist. 

. . . . . . . 

Robert Travis Scott can be reached at (225) 342-4197 or
rscott at timespicayune.com