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Appeals Court Quashes OIG Subpoena
In a 4-1 decision issued on November 7, 2014 the Louisiana Fourth Circuit Court of Appeal reversed a trial court decision by Judge Chris Bruno of the Orleans Parish Civil District Court which had denied a request by the Orleans Parish School Board to quash a subpoena duces tecum issued to the School Board by the New Orleans Inspector General. The subpoena had been issued by the Inspector General as a precursor to his attempt to audit the finances of the School Board. In ruling for the School Board Judge Dennis Bagneris speaking for the majority noted that as an independent political subdivision, and recognized as such by the state constitution, the school board could only come within the jurisdiction of the New Orleans Inspector General where city funds were involved. As Judge Bagneris further noted, mere collection of taxes on behalf of the School Board for a fee by the City does not confer investigatory jurisdiction on the City’s Inspector general.
The case (Orleans Parish School Board vs Eduoard R. Quatrevaux in his official capacity as Inspector General for the City of New Orleans and/or the Office of the Inspector General ) has implications for over 30 tax recipient bodies located in the Parish of Orleans and targeted for audit by the New Orleans Inspector General. William D. Aaron, Jr. and DeWayne L. Williams of Aaron & Gianna, PLC represented the Orleans Parish School Board before the trial court in this case and twice before the Fourth Circuit, first before a three judge panel and ultimately before the five judge panel which issued the decision detailed above. Ruling for the School Board were Judges Bagneris, Belsome, Lombard and Love. Ruling for the Inspector General was Judge Lobrano who issued a lone dissent.
Aaron & Gianna, PLC is a full service law firm with offices in New Orleans, Louisiana and Salt Lake City, Utah. Its appellate lawyers have successfully handled appeals and writs on behalf of business, governmental and non-profit clients before a variety of state and federal courts including the U. S. Supreme Court.
