Gov. Jeff Landry is pushing for dramatic changes to the Louisiana Board of Ethics’ investigation process that was used to charge him in 2023 with breaking the state ethics code. The changes Landry seeks would make it easier for subjects of an ethics complaint – like he is – to avoid charges or a probe into their alleged wrongdoing.

The proposed modifications are part of a sweeping rewrite of the state ethics code for elected officials and public employees in House Bill 397, sponsored by Rep. Beau Beaullieu, R-New Iberia.

Beyond making it harder to bring ethics charges, the legislation also loosens limits on elected officials and state employees’ state travel, weakens restrictions on government contracts with public servants and their families, and reduces requirements for elected officials and political candidates’ public disclosure of financial interests.

The proposal cleared its first major hurdle Wednesday when the Louisiana House and Governmental Affairs Committee allowed it to go to the floor without any objection or amendments.

Stephen Gelé, Landry’s private lawyer who handles ethics and campaign finance concerns for the governor, helped craft the legislation. He presented the bill alongside Beaullieu in the House committee.

Gelé is also one of the attorneys defending Landry against ethics board’s charges for not disclosing flights Landry took on a political donor’s plane to and from Hawaii. The ethics board and Landry, through Gelé, are still in negotiations about the appropriate punishment for the governor’s alleged violation.

In an interview Wednesday, Gelé said the bill would not affect Landry’s existing ethics case because its changes would only apply to future cases.

Beaullieu said he brought the bill after hearing complaints about the ethics board’s investigations being “overly aggressive.” Gelé has previously accused the ethics board of bullying people who face complaints.

If the legislation passes, the ethics board would have a far higher threshold to clear for launching an investigation into potential ethical misconduct.

Under the bill, an elected official or public employee would be able to avoid an investigation into misconduct if they had “already cured any potential violation” – a standard that critics said was vague and difficult to understand.

The person facing the investigation could also ask a district court judge to limit or shut down an ethics board probe if the alleged target or a witness in the case might experience “annoyance, embarrassment, oppression, undue burden or expense” as a result of the inquiry, according to the bill.

The ethics board would also have to justify an investigation, making the case that the agency’s “limited resources” should be spent on a particular alleged misconduct claim over other cases.

Likewise, a district judge would only be able to seek relevant information for a case if it’s deemed cost effective for the state, and “the importance of the information sought outweighs the burden of producing the information.”

Steven Procopio, president of the nonpartisan Public Affairs Research Council of Louisiana, called the proposed rewrite problematic. The changes would give too much leverage to the person facing misconduct allegations, he said.

“If someone has committed a violation of the ethics code, embarrassment is not a defense,” said Procopio, whose organization advocates for transparency and fairness in state government.

Barry Erwin, policy director for the nonpartisan Leaders for a Better Louisiana, agreed with Procopio. He complained the proposed new process features too many obstacles before the ethics board could launch an investigation.

Erwin and Procopio also expressed concerns about the two-thirds vote that would be needed from ethics board members multiple times before any single probe into misconduct could take place.

Elected officials now have more control over the board than they have had in years. Landry pushed the legislature in 2024 to upend the makeup of the ethics board membership and give him more influence over it.

The board used to consist of 11 positions, filled by the governor and legislators from lists of nominees provided by the state’s private university and college leaders. The higher education administrators were involved to insulate the board from political pressure.

Landry and lawmakers passed a law last year that eliminated the private college leaders’ nominees. They also expanded the board to 15 seats, which the governor and legislators fill directly. The governor now picks nine members, and the Senate and House pick three members each.

This means the governor could potentially block an ethics board investigation through his nine appointees under the new legislation. Only five members need to vote against an investigation for it to be killed.

Another portion of Beaullieu’s legislation targets the issue that got Landry in trouble with the ethics board – private plane travel. The bill would allow state officials to report trips on private planes as if they are the equivalent of purchasing a business class or coach airplane ticket on a commercial flight.

Beaullieu’s proposal also eases restrictions on legislators’ travel for state business on private planes provided by political donors or outside organizations.

Legislators were previously only allowed to accept flights on private planes for public speeches if they were traveling within the United States or Canada.

If the bill is approved, they will be able to accept private plane travel for government business anywhere in North America or the U.S. territories, including locations in the Caribbean, as long as they are making a public speech, participating in a panel discussion or making a media appearance.

Louisiana Illuminator is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Louisiana Illuminator maintains editorial independence. Contact Editor Greg LaRose for questions: info@lailluminator.com.

Two members of the Louisiana Legislature’s Freedom Caucus said their group isn’t responsible for sending an anti-LGBTQ+ text message maligning a gay Republican candidate. The listed sponsor of the text campaign has a similar name — but apparently no connection.

A mass text went out to potential voters in the city of Central on election day last weekend telling them not to support “Woke” Aaron Moak, a gay Republican running for the Louisiana House District 65 seat. Moak is also a member of the Baton Rouge Metro Council.

“Woke Aaron Moak is a big name in House District 65, but he’s wrong for one of the most conservative districts in the state,” read the text. “You don’t want to give a promotion to the man responsible for bringing the Gay Pride parade to Baton Rouge do you? Well that’s Woke Aaron Moak.”

The Louisiana Freedom Caucus PAC text sent in opposition to Aaron Moak.

Moak, who failed to make the runoff election, was one of five Republicans in the race. He received 18% of the vote. The two GOP candidates advancing – Brandon Ivey and Laura Ventrella – received 32% and 27% of the vote respectively.

Moak and Scott Wilfong, Moak’s political consultant, said they don’t think the text made a difference in the outcome of the election. It was sent in the middle of the day after many people had already cast their ballots and Moak fell short of making the runoff election by large margin, approximately 1,000 votes.

Prior to the text, Moak’s sexuality had not been an issue in the campaign. The official has run as an openly gay man in his elections for the Baton Rouge Metro Council and Central city government.

“Nobody said anything in this race until noon on Saturday,” Moak said. “[But] I expected it to happen. I expected it even more if I made the runoff.”

Along with the written text, the message included an image of Moak wearing a shiny, pink jacket leading a parade of marchers carrying transgender pride flags and a pink sign with “Protect Trans Kids” on the front.

A reverse Google image search revealed the original photo of the marchers was taken in South Carolina, not Louisiana, Moak said. The image of Moak in the pink jacket was layered on top of that image at a later date.

Baton Rouge has a LGBTQ+ Pride festival but not a Pride parade. Moak, the first openly gay elected official in Baton Rouge, was one of the honorary grand marshals at Baton Rouge Pride in 2019, but is not a founding member of the organization.

“I’ve never been part of a parade for any cause,” Moak said. “I’ve never led one and I’ve never put one together.”

There’s also been some confusion about who is responsible for sending the text. The message said it was paid for by the Louisiana Freedom Caucus PAC, which is apparently operates independent from the Louisiana Freedom Caucus started in the state legislature this year.

The legislative Freedom Caucus is made up of a handful of far-right members of the Republican delegation. It mirrors the Congressional Freedom Caucus and doesn’t name its members publicly. A lawmaker can only join if they are personally invited to do so.

Two members who have publicly identified themselves as part of the Freedom Caucus said their organization did not send the text targeting Moak.

“The freedom caucus PAC is different from the legislative freedom caucus,” Rep. Alan Seabaugh, R-Shreveport, one of the legislative Freedom Caucus’ founding members, wrote in a text message. “It is very confusing and has caused a number of problems.”

“The freedom caucus in the legislature is made up of legislators. The freedom caucus PAC is loosely affiliated with the same group in Washington, but not affiliated with the house members,” he wrote.

“They have a PAC board that does not include any legislators, and they make independent decisions without legislative input,” said Rep. Blake Miguez, R-New Iberia, who is a member of the legislative Freedom Caucus and the Louisiana House Republican Caucus chairman.

Scott McKay, who runs The Hayride website for conservatives, is the chairperson of the Freedom Caucus PAC, according to paperwork filed with the Louisiana Ethics Board in April. McKay refused to comment about the PAC’s activities when reached Friday.

“Is this an interview? I’m not doing interviews with the Illuminator,” McKay said before hanging up the phone.

Who funds the Freedom Caucus PAC isn’t clear.

The group hasn’t submitted state reports detailing its contributions and expenditures, as PACs typically do when they are raising and spending money during election cycles. If money coming into the PAC is limited, it may not be required to disclose any of its financial activity until early November.

The PAC lists two people, Peter Egan and Barry Hugghins, as members of its board on the same state ethics form where McKay is listed as chairman.

Egan is a Republican candidate in a runoff for a Louisiana House seat in St. Tammany Parish. Reached by phone, he said he received an endorsement from one of the Freedom Caucus groups, but he wasn’t sure if it was the legislative caucus or the PAC. Egan has never been a member of the PAC’s board, he said.

“I haven’t given or received money from the Freedom Caucus (PAC),” he said. “I have no knowledge of anything related to that.”

Hugghins, a former member of the West Baton Rouge Parish Council, could not be reached for comment at his place of business.

According to its website, the Louisiana Freedom Caucus PAC supports candidates who “fight federal overreach and stand firmly against those — in both parties — who prioritize seizing political power over representing their constituents.”

The Freedom Caucus PAC also promoted an Aug. 29 fundraiser at Metairie Country Club with Republican Attorney General candidate Liz Murrill as the featured speaker. Tickets were expected to cost $150 per person, according to a post on the PAC’s website.

Louisiana Illuminator is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Louisiana Illuminator maintains editorial independence. Contact Editor Greg LaRose for questions: info@lailluminator.com. Follow Louisiana Illuminator on Facebook and Twitter.