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Officers Bill Of Rights:
LOUISIANA REVISED STATUTES
TITLE 40. Municipalities and Parishes
CHAPTER 25. Rights of Law Enforcement Officers Whie Under Investigation
§2531. Applicability; minimum standards during
investigation
1. A. The provisions of this Chapter shall only apply to those law
enforcement officers employed by any municipality and campus police
employed at any state-supported college or university who are under
investigation with a view to possible disciplinary action, demotion,
or dismissal.
B. Whenever a law enforcement officer is under investigation, the
following minimum standards shall apply:
(1) The law enforcement officer being investigated shall be informed,
at the commencement of interrogation, of the nature of the investigation
and the identity and authority of the person conducting such investigation,
and at the commencement of any interrogation, such officer shall
be informed as to the identity of all persons present during such
interrogation. The law enforcement officer shall be allowed to make
notes.
(2) Any interrogation of a law enforcement officer in connection
with an investigation shall be for a reasonable period of time,
and shall allow for reasonable periods for the rest and personal
necessities of such law enforcement officer.
(3) All interrogations of any law enforcement officer in connection
with the investigation shall be recorded in full. The law enforcement
officer shall not be prohibited from obtaining a copy of the recording
or transcript of the recording of his statements upon his written
request.
(4) The law enforcement officer shall be entitled to the presence
of his counsel or representative, or both, at the interrogation
in connection with the investigation.
(5) No statement made by the officer during the course of an administrative
investigation shall be admissible in a criminal proceeding.
(6) The counsel called by the law enforcement officer under investigation
may call witnesses to testify on his behalf.
(7) Except as otherwise provided in this Paragraph, each investigation
of a law enforcement officer which is conducted under the provisions
of this Chapter shall be completed within sixty days. However, in
each municipality which is subject to a Municipal Fire and Police
Civil Service law, the municipal police department may petition
the Municipal Fire and Police Civil Service Board for an extension
of the time within which to complete the investigation. The board
shall set the matter for hearing and shall provide notice of the
hearing to the officer who is under investigation. The officer who
is under investigation shall have the right to attend the hearing
and to present evidence and arguments against the extension. If
the board finds that the municipal police department has shown good
cause for the granting of an extension of time within which to complete
the investigation, the board shall grant an extension of up to sixty
days. Nothing contained in this Paragraph shall be construed to
prohibit the law enforcement officer under investigation and the
appointing authority from entering into a written agreement extending
the investigation for up to an additional sixty days. Further, nothing
in this Paragraph shall limit any investigation of alleged criminal
activity.
Added by Acts 1985, No. 425, § 1; Acts 1991, No. 450, §
1, eff. July 15, 1991; Acts 2001, No. 933, § 1.
§2532. Release of personal information
No person, agency, or department shall release to the news media,
press or any other public information agency, a law enforcement
officer's home address, photograph, or any information that may
be deemed otherwise confidential, without the express written consent
of the law enforcement officer, with respect to an investigation
of the law enforcement officer.
Added by Acts 1985, No. 425,§ 1.
§2533. Personnel files
A. No law enforcement officer shall have any comment adverse to
his interest entered in his personnel file, or any other file used
for any personnel purposes by his employer, without the law enforcement
officer's having first read and signed the instrument containing
the adverse comment indicating he is aware of such comment, except
that such entry may be made if, after reading such instrument, the
law enforcement officer refuses to sign it. Should a law enforcement
officer refuse to sign, that fact shall be noted on that document
and signed or initialled by such officer.
B. A law enforcement officer shall have thirty days within which
to file a written response to any adverse comment entered in his
personnel file. Such written response shall be attached to and shall
accompany the adverse comment.
C. Repealed by Acts 1995, No. 1251,§ 2.
Added by Acts 1985, No. 425,§ 1; Acts 1995, No. 232,§
1; Acts 1995, No. 915,§ 1; Acts 1995, No. 1251,§ 2.
§2534. Disclosure of finances
No law enforcement officer shall be required to disclose, for the
purpose of promotion or assignment, any item of his property, income,
assets, debts or expenditures or those of any member of such officer's
household.
Added by Acts 1985, No. 425,§ 1.
§2535. Retaliation for exercising rights
There shall be no penalty nor threat of any penalty for the exercise
by a law enforcement officer of his rights under this Chapter.
Added by Acts 1985, No. 425,§ 1.
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