Senate Bill No. by Senator Morris amends and reenacts several sections of Louisiana law regarding the removal of public officials. The bill specifies that a public officer, except those exempt from removal by suit as outlined in the Louisiana Constitution, shall be removed from office for felony convictions or for malfeasance or gross misconduct while in office. It establishes that such convictions will automatically suspend the official without compensation until all appeals are exhausted. Additionally, the bill outlines the appointment of another individual to perform the official duties during the suspension period and ensures that the appointed individual receives the same compensation as the suspended official.
The bill also introduces a new section that details the procedure for removing a public official for malfeasance or gross misconduct. It allows the attorney general or either house of the legislature to initiate removal proceedings, requiring a two-thirds vote for authorization. The removal process is civil in nature and must be proven by clear and convincing evidence. Furthermore, the Supreme Court is tasked with appointing an ad hoc judge to oversee these proceedings. Overall, the bill aims to clarify the grounds and procedures for the removal of public officials in Louisiana, enhancing accountability and integrity within public office.
Statutes affected: SB425 Original: 42:1411(A), 42:1412(A)
SB425 Engrossed: 42:1411(A), 42:1412(A)
SB425 Reengrossed: 42:1411(A), 42:1412(A)
SB425 Enrolled: 42:1411(A), 42:1412(A)