Connecticut House Bill HB07326

Connecticut 2019 Regular Session

• Introduced: 3/7/19
• Refer: 3/7/19

Caption

An Act Concerning The Recovery Of Attorneys' Fees Under The State Code Of Ethics For Public Officials.

Impact

The proposed legislation is expected to have significant implications for public officials and state employees facing complaints under the ethics code. By establishing a cap on attorneys' fees, the bill intends to discourage frivolous complaints that could otherwise result in considerable financial liabilities for the state. This shift seeks to protect public officials from being unfairly burdened by legal costs when allegations are proven baseless, thereby potentially fostering a more robust ethical climate without the fear of unwarranted legal actions.

Summary

House Bill 07326 aims to amend the state's Code of Ethics for public officials by limiting the recovery of attorneys' fees to a maximum amount of twenty-five thousand dollars. This bill seeks to streamline the process for individuals who find themselves subjected to unfounded complaints under the ethics code. If the board finds that a complaint was brought without substantial justification, the state is required to cover the reasonable legal expenses of the respondent, and allows for a civil suit against the complainant for double damages if the complaint was made with knowledge of its lack of foundation.

Contention

Notably, there may be contention surrounding the bill regarding what constitutes a 'substantial justification' for bringing a complaint. Critics might argue that the bill could inadvertently shield unethical behavior by making it more difficult for individuals to report misconduct if they fear the consequences of being unable to recover their legal costs. Furthermore, there is concern that the threshold for determining the foundation of complaints could be set too high, thereby discouraging legitimate grievances.