SF 1825

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to the legislature; ethics; providing for 
  1.3             house and senate committees on ethics; providing 
  1.4             procedures for handling ethics complaints; providing 
  1.5             for forfeiture of legislative compensation and 
  1.6             expenses in certain circumstances; prohibiting former 
  1.7             legislators from lobbying the legislature for one year 
  1.8             after leaving office; establishing a fair campaign 
  1.9             practices advisory board; amending Minnesota Statutes 
  1.10            1996, section 3.099, by adding a subdivision; 
  1.11            proposing coding for new law in Minnesota Statutes, 
  1.12            chapters 3; 10A; and 211B. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1996, section 3.099, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 4.  [FORFEITURE OF COMPENSATION AND EXPENSES.] 
  1.17  Notwithstanding other provisions of this section or of section 
  1.18  3.101 or 3.103, a member must not receive compensation, mileage, 
  1.19  or living expenses for any time the member is held in lawful 
  1.20  custody on a charge or conviction of a crime or is in home 
  1.21  detention. 
  1.22     Sec. 2.  [3.135] [HOUSE AND SENATE ETHICS COMMITTEES.] 
  1.23     Subdivision 1.  [ESTABLISHED.] The speaker of the house and 
  1.24  the subcommittee on committees of the senate committee on rules 
  1.25  and administration shall respectively appoint a committee on 
  1.26  ethics for the house of representatives and the senate.  The 
  1.27  committee may be a standing committee or a select committee 
  1.28  appointed within seven days after a complaint regarding a 
  1.29  member's conduct is submitted.  The committee on ethics shall 
  2.1   consist of four members, two members from the majority group and 
  2.2   two from the minority group.  In addition, there shall be one 
  2.3   alternate from each group.  
  2.4      Subd. 2.  [SUBMISSION OF COMPLAINTS.] Complaints regarding 
  2.5   a member's conduct must be in writing, under oath, and signed by 
  2.6   two or more members of the body where the member serves, and 
  2.7   submitted to the speaker of the house or the president of the 
  2.8   senate.  The speaker of the house or the president of the senate 
  2.9   shall refer the complaint to the ethics committee within 15 days 
  2.10  for processing by the committee according to the procedures in 
  2.11  section 3.136.  Prior to referring the matter to the ethics 
  2.12  committee, the speaker of the house or the president of the 
  2.13  senate shall inform the member against whom a question of 
  2.14  conduct has been raised of the complaint and the complainant's 
  2.15  identity.  
  2.16     Subd. 3.  [PROBABLE CAUSE MEETING; EXCEPTION.] (a) The 
  2.17  existence and substance of a complaint and the supporting 
  2.18  materials and the proceedings of the ethics committee shall be 
  2.19  public.  However, any meeting to determine probable cause may be 
  2.20  held in executive session upon a majority vote of the whole 
  2.21  committee.  
  2.22     (b) A probable cause meeting must not be held if a member 
  2.23  has been convicted of, or pleaded guilty to, a gross misdemeanor.
  2.24  In such a case, the member must immediately resign from office.  
  2.25  If the member refuses to resign, the matter must be reported to 
  2.26  the body where the member serves for final disposition. 
  2.27     Subd. 4.  [FINAL DISPOSITION.] In all cases other than 
  2.28  those described in subdivision 3, paragraph (b), ethics 
  2.29  committee recommendations for disciplinary action must be 
  2.30  supported by clear and convincing evidence and must be reported 
  2.31  to the body where the member serves for final disposition.  
  2.32  Committee recommendations for disciplinary action and action by 
  2.33  the body must be guided by the following principles: 
  2.34     (a) Members shall not exercise undue influence on a 
  2.35  governmental entity. 
  2.36     (b) Members shall not engage in any activity which would be 
  3.1   an abuse of official position or a violation of trust. 
  3.2      (c) Members shall not use their official position to secure 
  3.3   privileges for themselves or others. 
  3.4      (d) Members shall accept public office as a public trust 
  3.5   and shall endeavor to be worthy of that trust by respecting the 
  3.6   principles of representative democracy, by exemplifying good 
  3.7   citizenship and high personal integrity, and by observing the 
  3.8   letter and spirit of laws and rules. 
  3.9      (e) Members of the house and senate shall treat everyone 
  3.10  with respect, fairness, and courtesy. 
  3.11     (f) Members of the house and senate shall respect and 
  3.12  maintain confidential information obtained as a public official. 
  3.13     Sec. 3.  [3.136] [ETHICS COMMITTEE PROCEDURES.] 
  3.14     Subdivision 1.  [PURPOSE.] The ethics committee shall meet 
  3.15  only:  
  3.16     (1) to review and dispose of complaints against members, 
  3.17  other than those arising out of election contests, which are 
  3.18  submitted prior to adjournment sine die; 
  3.19     (2) to adopt written procedures for handling complaints; 
  3.20     (3) to review and make recommendations regarding ethical 
  3.21  guidelines; and 
  3.22     (4) to consider matters referred to it by the committee on 
  3.23  rules and legislative administration or the full body. 
  3.24     Subd. 2.  [DUE PROCESS.] A member named in a complaint may 
  3.25  be present at all preliminary meetings and hearings, may respond 
  3.26  to all charges, may be represented by counsel, may call and 
  3.27  cross-examine witnesses, may introduce exhibits, must be 
  3.28  furnished, on request, with copies of all complaints, exhibits, 
  3.29  documents, and evidence in possession of the committee, and may 
  3.30  rebut evidence offered by the complainants.  The members making 
  3.31  a complaint must be notified of all preliminary meetings and 
  3.32  hearings on the complaint and of their opportunity to offer 
  3.33  evidence of matters alleged in the complaint. 
  3.34     Subd. 3.  [COMMITTEE RECORDS.] Committee records of 
  3.35  executive sessions are confidential, unless it is determined by 
  3.36  a majority vote of the whole committee that they become part of 
  4.1   the public record. 
  4.2      Confidential records of executive sessions must be kept by 
  4.3   the committee until the December 31 next following adjournment 
  4.4   sine die, at which time the confidential records must be 
  4.5   destroyed by the chair of the committee, or the chair's 
  4.6   designee, and notification of the destruction sent to the chief 
  4.7   clerk of the house or the secretary of the senate. 
  4.8      Subd. 4.  [PRELIMINARY MEETING; PROBABLE CAUSE.] The 
  4.9   committee shall, upon receipt of a complaint, hold a preliminary 
  4.10  meeting within 21 days to determine the existence of probable 
  4.11  cause to support the complaint.  The member or members named in 
  4.12  the complaint must be given a copy of the complaint, given 
  4.13  timely notice of any preliminary meeting, and fully informed of 
  4.14  due process rights.  The members making the complaint must be 
  4.15  notified of any preliminary meeting and of their opportunity to 
  4.16  offer evidence of matters alleged in the complaint.  The 
  4.17  committee may, upon a vote of the majority of the whole 
  4.18  committee, defer its proceedings until the completion of ongoing 
  4.19  criminal proceedings related to the conduct named in the 
  4.20  complaint.  All participants must be advised that any executive 
  4.21  session of the committee is confidential and that all evidence 
  4.22  presented in executive session is confidential, unless a 
  4.23  majority of the whole committee votes to make items from an 
  4.24  executive session public. 
  4.25     Subd. 5.  [FINDING OF PROBABLE CAUSE.] If a majority of the 
  4.26  whole committee finds sufficient factual evidence to believe 
  4.27  that the allegations contained in the complaint are more 
  4.28  probably true than not and that, if true, they tend to support 
  4.29  disciplinary action, the committee shall inform the speaker or 
  4.30  the president of the senate and the member or members named in 
  4.31  the complaint that it has found probable cause.  The committee 
  4.32  shall proceed to public hearings to make a final determination 
  4.33  whether the evidence is sufficient to support disciplinary 
  4.34  action.  If a majority of the whole committee fails to find 
  4.35  probable cause, the complaint must be dismissed.  If the 
  4.36  complaint is dismissed because the committee finds the complaint 
  5.1   to have been frivolous, the committee shall immediately issue a 
  5.2   public letter of reproval to the complainants and may recommend 
  5.3   other disciplinary action against the complainants. 
  5.4      Subd. 6.  [FINAL HEARING.] The public hearing to make a 
  5.5   final determination whether the evidence is sufficient to 
  5.6   support disciplinary action must be held under the same 
  5.7   conditions and with the same due process as the preliminary 
  5.8   meeting, except that no part of it may be held in executive 
  5.9   session.  The purpose of the hearing must be to receive and 
  5.10  evaluate the evidence offered in support of or in opposition to 
  5.11  disciplinary action. 
  5.12     Subd. 7.  [CONCLUSIONS.] At the conclusion of the public 
  5.13  hearing, if a majority of the whole committee finds clear and 
  5.14  convincing evidence in support of disciplinary action, the 
  5.15  committee shall, with or without comment, make a recommendation 
  5.16  to the body where the member serves for final disposition.  If a 
  5.17  majority of the whole committee fails to find clear and 
  5.18  convincing evidence in support of disciplinary action, the 
  5.19  complaint must be dismissed. 
  5.20     Subd. 8.  [RECOMMENDATIONS.] A recommendation to the body 
  5.21  may be to expel as provided by the Minnesota Constitution, 
  5.22  article IV, sections 6 and 7, to censure, to reprimand, or to 
  5.23  require action, if any, or reconciliation by the subject member. 
  5.24     Sec. 4.  [10A.035] [FORMER LEGISLATOR; LOBBYIST 
  5.25  RESTRICTION.] 
  5.26     For the period of one calendar year after leaving office, a 
  5.27  member of the legislature may not act as a lobbyist as defined 
  5.28  in section 10A.01, subdivision 11, with regard to attempting to 
  5.29  influence legislative action. 
  5.30     Sec. 5.  [211B.201] [FAIR CAMPAIGN PRACTICES ADVISORY 
  5.31  BOARD.] 
  5.32     Subdivision 1.  [ESTABLISHED.] The fair campaign practices 
  5.33  advisory board is created.  Members must be appointed by the 
  5.34  governor with the advice and consent of the senate and house of 
  5.35  representatives acting separately.  Two members must be former 
  5.36  legislators who are not from the same political party; two 
  6.1   members must be former employees of a principal campaign 
  6.2   committee, legislative caucus, or political party and must not 
  6.3   have been affiliated with or employed by the same political 
  6.4   party; two members must be individuals who have not been public 
  6.5   officials, held any political party office other than precinct 
  6.6   delegate, or been elected to public office for which party 
  6.7   designation is provided by law in the three years preceding the 
  6.8   date of their appointment; and two members must be chosen from 
  6.9   the membership of nonprofit organizations whose purpose is to 
  6.10  promote public education on election issues or reform of 
  6.11  government processes. 
  6.12     The membership terms, compensation, and removal of members 
  6.13  of the board are governed by section 15.0575, except that the 
  6.14  extension of terms and filling of vacancies are subject to the 
  6.15  advice and consent of the legislature as provided in this 
  6.16  subdivision. 
  6.17     Subd. 2.  [COMPLAINTS; ADVISORY OPINIONS.] The board shall 
  6.18  issue advisory opinions on complaints about violations of this 
  6.19  chapter.  A complaint may be brought only by a candidate for 
  6.20  elective office and must allege a violation of this chapter.  
  6.21  The complaint must be submitted in writing to the board and to 
  6.22  the subject of the complaint.  The board shall set a hearing on 
  6.23  the complaint between seven and 14 days after receiving it, and 
  6.24  shall issue an advisory opinion on the complaint within ten days 
  6.25  after the hearing.  However, a complaint received less than ten 
  6.26  days before a primary, general, or special election must be 
  6.27  acted on as promptly as necessary in order for an advisory 
  6.28  opinion to issue before the primary or election. 
  6.29     A copy of an advisory opinion under this section must be 
  6.30  provided to the individual requesting it and to any party 
  6.31  complained of.  The board shall publish its opinions and shall 
  6.32  make them available for public inspection and copying.  An 
  6.33  advisory opinion is not binding on the parties or on law 
  6.34  enforcement or prosecutorial authorities.