Hi All!
My justification for putting this on the Mpls list is that most of the aggrieved
parties are Mpls Reps.
Here are the Rules that will govern the committee meeting on Monday. Again, I
assume the result will be no sanctions for either side but the atmosphere is
pretty nasty and partisan in general this session, so who knows.
I hope the House can put this behind them and get down to the real business,
rather than causing a commotion over 1st Amendment rights, however unfortunate.
NB paragraphs 7 and 8.
Cheers!
Paul Kuettel
Falcon Heights (sorry if I forgot to sign my other post)
House Committee on Ethics
Rules of Procedure
2003---2004
Adopted March 17, 2003
1. PURPOSE. The Committee shall meet only: (a) to review
and dispose of complaints against members (other than those
arising out of election contests), as authorized by House Rule
6.10, which are submitted to the Speaker prior to adjournment
sine die; (b) to adopt written procedures for handling
complaints; (c) to review and make recommendations regarding
ethical guidelines; (d) to consider complaints alleging
violations of open meeting requirements that the Speaker has
referred to the Committee under House Rule 6.23; and, (e) to
consider matters referred to it by the Committee on Rules and
Legislative Administration or the House.
Pursuant to House Rule 6.10, the following shall serve as
the written procedures and due process requirements for handling
complaints referred to the Committee on Ethics.
2. COMPLAINTS. As specified in House Rule 6.10, a
complaint regarding the conduct of a member of the House shall
be made by two or more members of the House, shall be in writing
and under oath, shall name the member or members charged and the
actions complained of, shall present with specificity the
factual evidence supporting the complaint, and shall be
submitted to the Speaker.
On matters of complaints against members, the House
Research Department shall serve as staff to the Committee only,
and not to either the complainants or any member named in a
complaint.
If a complaint is withdrawn by the complainants, the
Committee shall immediately terminate all proceedings respecting
the complaint, except as the Committee deems necessary to
determine whether the complaint is frivolous for purposes of
action under Rule 8.
3. PROCEEDINGS TO BE HELD IN PUBLIC; EXCEPTIONS.
The existence and substance of the complaint, including any
supporting materials, and all proceedings, meetings, hearings
and records of the Committee are public; except that the
committee, upon a majority vote of the whole Committee, may meet
in executive session to consider or determine the question of
probable cause, as provided in Rules 6 and 7, to consider a
member's medical or other health records, or to protect the
privacy of a victim or a third party.
4. DUE PROCESS. Any member named in a complaint must be
fully informed of due process rights. The member must be given
a copy of the complaint and must be given timely notice of and
the right to be present at all meetings and hearings. The
member has the right to respond to all charges, to be
represented by counsel, to call and cross-examine witnesses, to
introduce exhibits, to be furnished with exhibits, documents,
and evidence in possession of the Committee, and to rebut
evidence offered by the complainants. The members making a
complaint must be notified of all meetings and hearings on the
complaint and must be given notice of their opportunity to offer
evidence of matters alleged in the complaint.
5. COMMITTEE PROCEEDINGS; RECORDS. All public records of
the Committee must be disposed of in accordance with House Rule
6.24. When the Committee meets in executive session, the
proceedings, all evidence presented in the session, and all
records of the session are confidential except insofar as the
Committee determines, by a majority vote of the whole Committee,
that items should be made part of the public record. The
Committee shall advise all participants in an executive session
of the confidentiality requirement. Confidential records of
executive sessions must be kept by the Committee until the
December 31 next following adjournment sine die, at which time
the confidential records must be destroyed by the Chair of the
Committee, or the Chair's designee, and notification of the
destruction sent to the Chief Clerk.
6. MEETING ON PROBABLE CAUSE. The Committee shall, upon
receipt of a complaint, hold a meeting within 21 days to
determine whether there is probable cause to support the
complaint. The Committee may, upon a vote of the majority of
the whole Committee, defer its proceedings until the completion
of ongoing criminal proceedings related to the conduct named in
the complaint.
7. FINDING OF PROBABLE CAUSE. If a majority of the whole
Committee finds, based upon the complaint and supporting and
rebutting evidence presented by the complainants and the member
or members named, sufficient factual evidence to believe that
the allegations contained in the complaint are more probably
true than not and that, if true, they tend to support
disciplinary action, the Committee shall inform the Speaker and
the member or members named that it has found probable cause and
shall proceed to public hearings under Rule 10. If a majority
of the whole Committee fails to find probable cause, the
complaint shall be dismissed.
8. FRIVOLOUS COMPLAINTS. If a complaint is withdrawn or
dismissed, and a majority of the whole Committee finds the
complaint to have been frivolous, the Committee shall
immediately issue a public letter of reproval to the
complainants and may recommend other disciplinary action against
the complainants.
9. MINOR VIOLATIONS, INFORMAL RECONCILIATION. At any time
during the proceedings, if a majority of the whole Committee
finds that a violation of a law, rule, administrative policy, or
norm of behavior was inadvertent, technical, or of a de minimus
nature, or may not warrant disciplinary action by the House, the
Committee may attempt to bring about voluntary remedial or other
action by the subject of the complaint without disciplinary
action. The Committee also may recommend clarification of a
law, rule, policy, or norm of behavior and may caution the
members of the House with respect to it.
10. FINAL HEARING. The hearing to make a final Committee
determination on a complaint shall be held in public except
insofar as the Committee votes to meet in executive session
pursuant to House Rule 6.10 and Rule 3. The purpose of the
hearing shall be to receive and evaluate the evidence offered in
support of or opposition to disciplinary action and to make a
final Committee determination on the complaint.
11. COMMITTEE DETERMINATION. If a majority of the whole
Committee finds clear and convincing evidence in support of
disciplinary action, the Committee shall, with or without
comment, make a recommendation to the House for final
disposition. If a majority of the whole Committee fails to find
clear and convincing evidence in support of disciplinary action,
the complaint shall be dismissed.
12. RECOMMENDATIONS FOR DISCIPLINARY ACTION. The
Committee may recommend disciplinary action by the House as
follows:
(a) The Committee may recommend expulsion. Expulsion is
the ultimate penalty available to the House. It is the only
sanction expressly referred to in the state constitution, which
recognizes the gravity of this power by requiring a vote of
two-thirds to exercise it. Expulsion is a sanction that is
properly reserved for the most serious violations of law, rule,
standards, or duty, for conduct so abhorrent that it obliges the
House to repudiate an elected representative of the people.
(b) The Committee may recommend censure. Short of
expulsion, censure is the strongest formal statement of
disapproval of the conduct of a member by the member's peers.
It is used to condemn very serious misconduct that does not
justify expulsion from the House. Censure is carried out by a
majority vote of the House, through the adoption of a resolution
of censure that is entered in the permanent Journal of the House.
(c) The Committee may recommend reprimand. Reprimand is
the appropriate discipline for misconduct that warrants formal
disapproval by the House but is not so serious as to justify
censure. Reprimand is carried out by a majority vote of the
House, through the adoption of a resolution of reprimand that is
entered in the permanent Journal of the House.
(d) As part of a resolution of censure or reprimand, the
Committee may recommend that the member be required to make
financial restitution. This is appropriate in cases where the
Committee finds that the misconduct was committed to secure, or
resulted in, an undeserved personal financial benefit due to
misuse or misappropriation of public funds or assets.
(e) As part of a resolution of censure or reprimand, the
Committee may recommend that remedial or other action be
required of the member, including a requirement that the member
accept professional counseling or assistance.
(f) As part of a resolution of censure or reprimand, the
Committee may recommend that the House impose other discipline
that the Committee deems appropriate.
(g) Under the Minnesota Constitution, article IV, section
6, and article VII, section 1, a member who is convicted of a
felony is not entitled to continued membership in the House,
until restored to civil rights, and must, if necessary, be
expelled.
This Committee action taken March 17, 2003
/s/ Sondra Erickson, Chair
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