Missouri 2025 Regular Session

Missouri House Bill HR141 Compare Versions

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1+2479H.02C
2+HOUSE COMMITTEE SUBSTITUTE
3+FOR
4+HOUSE RESOLUTION NO. 141
15 ETHICS COMMITTEE
26 RULES OF PROCEDURE
37 103rd GENERAL ASSEMBLY
4-Adopted February 3, 2025
5-RULE 1. Scope and Authority
6-These Rules of Procedure govern the conduct of the investigation of complaints of ethical
7-misconduct by a member of the House and are adopted pursuant to House Rule 37.
8-RULE 2. Definitions
9-As used in these rules, unless the context requires otherwise, the following words and
10-terms shall have the following meanings, and the use of masculine gender shall include the
11-feminine.
12-(1) Letter of reproval - A sanction which expresses disapproval of conduct based on the
13-appropriateness of such conduct by a member, regardless of whether the conduct constitutes a
14-legal or moral wrong.
15-(2) Reprimand - A sanction which recognizes the member's conduct constituted a legal
16-or moral wrong and which may include punishment in the form of denying privileges of office
17-is issued by the Speaker and the recommendation for reprimand is made a public record.
18-(3) Censure - A sanction which recognizes the member's conduct constituted a legal or
19-moral wrong, and which shall include punishment in the form of denying privileges of office and
20-requires the presence of the member in the chamber during consideration and vote by the entire
21-House on such resolution.
22-(4) Expulsion – A sanction which recognizes the member's conduct constituted a legal
23-or moral wrong and which may include punishment in the form of removal from office as
24-provided in Article III, Section 18 of the Missouri Constitution.
25-(5) Ethical misconduct –
26-(a) A crime;
27-(b) Willful neglect of duty;
28-(c) Corruption in office;
29-(d) Any conduct constituting a legal or moral wrong which materially impairs the
30-member's ability to perform the duties of his or her office or substantially impairs public 2
31-confidence in the General Assembly;
32-(e) Any conduct constituting a conflict of interest under Chapter 105, RSMo;
33-(f) The intentional filing of a false complaint or the filing of a complaint in reckless
34-disregard of the truth; or
35-(g) Any breach of confidentiality provided for under these rules.
36-(6) Member – Any Missouri State Representative or Missouri State
37-Representative-Elect.
38-No allegation of ethical misconduct may be based on actions that occurred more than six years
39-prior to the date the respondent assumed the office of Representative, unless the actions, whether
40-charged or uncharged, would constitute a felony offense under the laws of this state, or would
41-constitute an offense of a sexual nature under the laws of this state.
42-
43-RULE 3. Quorum
44-A quorum exists when a majority of the members of the Committee are present. A
45-quorum of appointed members shall be necessary to hold a hearing of any type.
46-RULE 4. Form of Complaints
47-A. All complaints filed against a member shall be made under the authority of Rule 37
48-of the House Rules of Procedure. The complaints shall be confidential and shall be referred to
49-the Committee on Ethics within fourteen (14) calendar days. The Speaker's referral of a
50-complaint shall include a letter delivered to the Chief Clerk noting the date and time of receipt
51-of the complaint, and the date and time of delivery to the Committee on Ethics; except that, if
52-the Speaker is the subject of the complaint, the referral shall be made by the Speaker Pro
53-Tempore. Each complaint shall be in writing and under oath from the member, or in the case
54-of alleged sexual harassment or a violation of the amorous relationship policy, the investigative
55-report shall be sufficient to be considered a proper complaint.
56-B. In the case of a complaint of sexual harassment or a violation of the amorous
57-relationship policy made either by or against a member, the Chief Clerk of the House shall
58-contract with outside legal counsel for the purpose of investigating the complaint. The Chief
59-Clerk shall ensure the complaint and any results of an investigation shall be referred within
60-fourteen calendar days of receipt of the complaint to the chair and vice chair of the Committee 3
61-on Ethics; except that, the fourteen-day referral requirement may be extended for good cause for
62-a period no longer than thirty days.
63-C. All complaints shall contain:
64-(1) The name and address of the member or members or other individual or individuals
65-acting as complainant;
66-(2) The name of the member alleged to have engaged in conduct constituting ethical
67-misconduct (the respondent);
68-(3) The nature of the alleged act constituting ethical misconduct, including when
69-applicable, the specific law, rule, regulation, or ethical standard violated;
70-(4) The facts alleged to have given rise to the act constituting ethical misconduct; and
71-(5) Where the facts are alleged upon the information and belief of the complainant, the
72-complaint shall so state and set forth the basis for such information and belief.
73-D. All records in the possession of the complainant that are relevant to and in support
74-of the allegations shall be appended to the complaint.
75-E. In the case that the Chief Clerk retains outside counsel to investigate an alleged
76-violation of the sexual harassment or amorous relationship policies, the Chief Clerk shall notify
77-the respondent in writing that a complaint has been filed, but shall not disclose details of the
78-complaint or complainant to the respondent without permission from the Chair and Vice Chair
79-of the Committee.
80-RULE 5. Jurisdictional Hearings
81-A. Within twenty-one (21) calendar days of the assignment of the complaint, the
82-Committee shall determine if it is in compliance with Rule 4 of these Rules, and whether on the
83-face of the complaint, the allegations contained therein are within the jurisdiction of the
84-Committee. No person named in the complaint shall act as a member of the Committee for
85-purposes of such complaint. A jurisdictional hearing to examine the complaint and report or
86-other evidence provided to the Committee, and the determination under Rule 5. C. shall be
87-conducted in a closed hearing.
88-B. Complaints determined not to be in compliance with Rule 4 of these Rules shall be
89-returned to the complainant with a statement that it is not in compliance with the Rules of
90-Procedure. The complaint may be resubmitted in the proper form.
91-C. Once a determination has been made that the complaint complies with Rule 4 of these 4
92-Rules, a majority of the Committee appointed shall vote by roll call to:
93-(1) Proceed to a primary hearing;
94-(2) Defer action pending completion of any other administrative, disciplinary,
95-commission, or judicial proceeding; or
96-(3) Dismiss the complaint. When a motion to proceed to a primary hearing fails on a
97-recorded vote, the complaint shall be immediately dismissed. The Committee may, in its
98-discretion, issue a report in conjunction with the dismissal of the complaint.
99-D. In determining whether or not to proceed to a primary hearing, the Committee shall
100-consider the following:
101-(1) The credible evidence of ethical misconduct contained in the complaint, any report,
102-or other evidence appended thereto;
103-(2) Other administrative or disciplinary action by other interested bodies;
104-(3) Criminal investigation, Missouri Ethics Commission proceeding, or judicial
105-proceedings, either civil or criminal; and
106-(4) Other relevant circumstances that would justify expediting, declining, or deferring
107-action by the Committee.
108-E. Any party may make an objection to the participation of any member of the
109-Committee in an examination of the complaint on the grounds that the member cannot render
110-an impartial and unbiased decision in the case. The majority of the members present shall rule
111-on the objection to the participation of any member of the Committee. A temporary replacement
112-shall be made to serve on the Committee on Ethics for all actions concerning a particular
113-complaint for any member of the Committee who is prevented from acting on a complaint under
114-these rules. Any temporary replacement made shall be of the same party as the replaced member
115-and shall be chosen by the Speaker for the replacement of a member of the majority party or
116-chosen by the Minority Floor Leader for the replacement of a member of the minority party;
117-except that, if the Speaker is the respondent, the complainant, or the victim, the temporary
118-replacement shall be chosen by the Chair of the Committee or, if the Minority Floor Leader is
119-the respondent, the complainant, or the victim, the temporary replacement shall be chosen by the
120-Vice Chair of the Committee. If a member of the Committee is unable to fulfill his or her duties
121-for any other reason, a temporary replacement shall be appointed under the procedure described
122-in this paragraph.
123-RULE 6. Confidentiality 5
124-A. Counsel for the Committee on Ethics, with the consent of the Chair and Vice Chair,
125-may redact any of the names and identifying information of the parties mentioned in any report,
126-or provide a summary of the report.
127-B. No member or staff of the Committee on Ethics shall, during or after the investigation
128-of the complaint, disclose, to any person or entity outside the Committee, any information
129-received in the course of service with the Committee, except as authorized by the Committee or
130-in accordance with its rules.
131-C. No person, other than House staff or employees properly part of the complaint
132-process by rule or policy, who reviews or receives the results of any investigation or report shall
133-disclose any information contained in the report, except to his or her counsel or in accordance
134-with these rules.
135-D. Any document provided by the Committee shall contain a watermark indicating that
136-the document is confidential and shall list the name of the recipient.
137-E. All confidential Committee records, including reports received by the Committee,
138-shall remain closed records unless otherwise ordered by the Committee or these rules.
139-F. No audio or visual recording shall be made of any closed hearing of the Committee
140-on Ethics without the prior, express permission of the Chair. A violation of this paragraph may
141-be treated as contempt or disorderly conduct as authorized under Article III, Section 18 of the
142-Constitution of the state of Missouri.
143-RULE 7. Answers and Motions
144-A. If the Committee determines that the complaint merits proceeding to a primary
145-hearing, the respondent shall have twenty-one (21) calendar days in which to respond to the
146-complaint by way of answer or motion, unless this time period is waived by the respondent. Any
147-answer or motion shall be in writing, signed by the respondent and his or her counsel, if he or
148-she has one, and shall be limited to the following:
149-(1) An admission or denial under oath, of the allegations set forth in the complaint,
150-including negative and affirmative defenses, and any other relevant information, including
151-supporting evidence which the respondent may desire to submit. Failure to file an answer within
152-the time prescribed shall be considered by the Committee as a denial of each allegation; or
153-(2) An objection to the jurisdiction of the Committee to investigate the complaint.
154-B. Any motion submitted pursuant to this rule is not in lieu of an answer and shall be
155-accompanied by a memorandum of points and authorities. Answers or motions not submitted 6
156-prior to the deadline described in paragraph A of this Rule shall not be considered by the
157-Committee.
158-C. The Chair of the Committee shall pass upon such motions as soon as practicable and
159-notice of the decision shall be furnished to the respondent and the complainant. A motion to
160-quash a subpoena shall be decided by the Chair of the Committee.
161-D. Time limitations imposed by this Rule may be extended when, in the discretion of
162-the Chair, such extension would facilitate a fair and complete inquiry and may be shortened
163-when the Chair determines that there are special circumstances compelling expedition, and upon
164-twenty-four (24) hours notice of said action to the respondent and the claimant.
165-E. The Chair may elect to retain special counsel for the Committee. In the event that
166-special counsel is retained by the Committee, the attorney-client privilege is applicable to the
167-Committee and not to the House.
168-RULE 8. Primary Hearings
169-A. Complaints determined to be in compliance with Rule 4 of these Rules and accepted
170-for a primary hearing shall be transmitted to the respondent before the conclusion of the primary
171-hearing with a copy of the Rules of Procedure and notice in writing that the respondent may
172-respond to the complaint either by way of answer or motion pursuant to Rule 7 of these Rules;
173-a redacted complaint or a summary of the complaint may be provided in lieu thereof upon
174-approval of the Committee. The complainant and alleged victim shall also be notified, in
175-writing, of the action of the Committee.
176-B. A primary hearing may be held to hear arguments based on the evidence submitted
177-in the case. The primary hearing may be closed at the discretion of the Committee. The
178-Committee shall provide the complainant and the respondent or counsel for the complainant and
179-respondent an opportunity to present, orally or in writing, a statement, which shall be under oath
180-or affirmation, regarding the allegations and any other relevant questions arising out of the
181-complaint or other evidence provided to the committee. Opening statements made during a
182-primary hearing shall be limited to fifteen minutes for the complainant and fifteen minutes for
183-the respondent; however, such time limitations may be increased at the discretion of the Chair
184-of the Committee.
185-C. The Committee shall require that testimony be given under oath or affirmation. The
186-form of the oath or affirmation shall be: "Do you solemnly swear (or affirm) that the testimony
187-you will give before this Committee in the matter now under consideration will be the truth, the
188-whole truth, and nothing but the truth (so help you God)?" The oath or affirmation shall be
189-administered by the Chair or Committee member designated by the Chair to administer oaths. 7
190-The Committee may take testimony from the complainant, alleged victim, respondent, and any
191-other witness at the discretion of the Chair. The complainant, alleged victim, and respondent
192-may submit a list of proposed witnesses to the Chair for consideration at least twenty-four hours
193-in advance of the hearing. Only the Committee members, or special counsel for the Committee,
194-may question a witness at the primary hearing.
195-D. The Committee may receive witness testimony and evidence upon which to base
196-findings, conclusions, and recommendations. The Committee may require, by subpoena or by
197-subpoena duces tecum, the attendance and testimony of such witnesses and the production of
198-such books, records, correspondence, memorandums, papers, electronic communications, and
199-documents as it deems necessary. The Committee may issue and enforce subpoenas as allowed
200-by law.
201-E. If in the course of investigating the complaint, the Committee discovers information
202-that may indicate ethical misconduct by the respondent other than that outlined in the complaint,
203-the Committee may, by a majority vote of the Committee, expand the scope of the investigation
204-to include broader or additional allegations of ethical misconduct.
205-F. At the conclusion of the primary hearing, a majority of the Committee shall vote by
206-roll call to:
207-(1) Dismiss the complaint, which may be accompanied by a report issued by the
208-Committee;
209-(2) Proceed by undertaking a formal hearing; or
210-(3) Offer a recommended sanction to the member which may include one of the
211-following:
212-(a) Letter of reproval;
213-(b) Reprimand;
214-(c) Censure; or
215-(d) Expulsion.
216-The member shall be given notice of his or her right to object to the Committee's recommended
217-sanction by the time set forth by the Committee, which shall be no less than seventy-two hours.
218-If the respondent fails to object in writing to the Committee's recommendation, the respondent
219-shall be deemed to waive any and all rights to further proceedings before the Committee on
220-Ethics and the Committee report issued by the committee pursuant to this paragraph shall be
221-filed by the Committee in the form of a House Resolution with the Clerk of the House. The 8
222-recommendation shall also be published in the House Journal and automatically placed on the
223-House Resolutions Calendar without further referral. If the respondent objects in writing to the
224-recommendation within the time set forth by the Committee, the Committee shall proceed to a
225-formal hearing, which shall take place no later than ninety days after the receipt of such
226-objection or as scheduled or extended by a majority vote of the Committee.
227-RULE 9. Formal Hearings
228-A. If the respondent objects in writing to the Committee’s recommendation pursuant to
229-Rule 8, a formal hearing shall be held on the record to receive evidence upon which to base
230-findings, conclusions, and recommendations, if any, to the House; except that, such hearing may
231-be closed at the discretion of the Committee. The Committee may require, by subpoena or
232-otherwise, or by subpoena duces tecum, the attendance and testimony of such witnesses and the
233-production of such books, records, correspondence, memorandums, papers, electronic
234-communications, and documents as it deems necessary. The Committee may issue and enforce
235-subpoenas as allowed by law.
236-B. Prior to setting a hearing date and issuing subpoenas for witnesses, the Committee
237-shall resolve the scope and purpose of the hearings. A copy of this statement of scope and
238-purpose shall be furnished to all witnesses. During the course of the hearings the Committee
239-may expand or contract the scope in light of evidence received.
240-C. The order of the formal hearing shall be as follows:
241-(1) The Chair shall open the hearing by stating the Committee's authority to conduct the
242-investigation, the purpose of the investigation and its scope.
243-(2) The complainant and the respondent or counsel for the complainant and respondent
244-shall be permitted to make opening statements. Such opening statements shall not exceed fifteen
245-minutes each.
246-(3) Testimony from witnesses and other evidence pertinent to the matter under
247-investigation shall be received in the following order:
248-(a) Witnesses and other evidence offered by the complainant;
249-(b) Witnesses and other evidence offered by the respondent;
250-(c) Witnesses and other evidence offered by the Committee; and
251-(d) Rebuttal witnesses.
252-(4) Only the Committee members, or special counsel for the Committee, may question 9
253-a witness at the formal hearing.
254-D. Testimony of all witnesses shall be taken under oath. The form of the oath shall be:
255-"Do you solemnly swear (or affirm) that the testimony you will give before this Committee in
256-the matter now under consideration will be the truth, the whole truth, and nothing but the truth
257-(so help you God)?" The oath shall be administered by the Chair or Committee member
258-designated by the Chair to administer oaths.
259-RULE 10. Admissibility of Evidence
260-A. The object of the hearings shall be to ascertain the truth. Any evidence that is relevant
261-and probative shall be admissible, unless privileged or unless the Constitution otherwise requires
262-its exclusion. Objections going only to the weight that should be given to evidence will not
263-justify its exclusion.
264-B. The Chair or other member presiding shall rule upon any question of admissibility
265-of testimony or evidence presented to the Committee. The Chair or other member presiding may
266-limit the presentation of repetitious evidence. Rulings shall be final unless reversed or modified
267-by a majority vote of the Committee members present.
268-C. At a formal hearing, the burden of proof is on the complainant with respect to each
269-count to establish the facts alleged therein clearly and convincingly by the evidence that he or
270-she introduces.
271-RULE 11. Witnesses
272-A. A subpoena to a witness shall be served sufficiently in advance of his or her
273-scheduled appearance to allow the witness a reasonable period of time, as determined by the
274-Committee, to prepare for the hearing and to employ counsel should he or she so desire.
275-B. Except as otherwise specifically authorized by the Chair, no member of the
276-Committee or staff shall make public the name of any witness subpoenaed by the Committee
277-before his or her scheduled appearance.
278-C. Witnesses at formal hearings may be accompanied by their counsel for the purpose
279-of advising them concerning their constitutional rights and to raise objections to procedures or
280-to the admissibility of testimony and evidence.
281-D. The Chair may limit such testimony when, in his or her discretion, he or she finds the
282-testimony is repetitious, cumulative, or irrelevant. 10
283-E. Each witness subpoenaed by the Committee shall be reimbursed for those reasonable
284-expenses approved by the Committee.
285-F. Each witness shall be furnished a printed copy of the Rules of Procedure and the
286-pertinent provisions of the Rules of the House applicable to the rights of witnesses.
287-G. Within ten calendar days before the scheduled formal hearing, each party shall notify
288-the Committee and all other parties to the complaint, in writing, of the witnesses that are to
289-appear at the formal hearing. Within five calendar days before the scheduled formal hearing,
290-each party shall notify the Committee and all other parties to the complaint, in writing, of any
291-proposed rebuttal witnesses that are to appear on his or her behalf. The Chair may exercise
292-discretion in allowing any party's good faith request for additional witnesses that are proposed
293-after the expiration of these time limits, or in denying any witness request made by a party if
294-such request is not made in good faith.
295-RULE 12. Findings, Conclusions and Recommendations
296-A. At the completion of the primary hearing or formal hearings, the Committee, by a
297-majority vote of its members, shall, within forty-five (45) days, adopt a report stating its findings
298-and conclusions on the complaint. The report shall be filed with the Chief Clerk of the House,
299-with a copy delivered to the office of the Speaker, office of the Majority Floor Leader, and office
300-of the Minority Floor Leader, and shall be printed in the House Journal. In the event the
301-Committee finds that the complaint is not well-founded, the report shall so state, and shall
302-include a copy of a Letter of Reproval if the Committee authorized such sanction. In the event
303-the Committee finds that the complaint is well-founded, the report shall state the Committee's
304-recommendation in a resolution appended thereto.
305-B. The resolution shall state the Committee's findings and conclusions on each allegation
306-in the complaint with the recommendation that the House take one of the following actions:
307-(1) Letter of reproval;
308-(2) Reprimand;
309-(3) Censure; or
310-(4) Expulsion.
311-C. The chair or counsel for the Committee shall redact from its findings, conclusions,
312-and recommendations, the name or names and any identifying information of any person or
313-persons alleged to be a victim of sexual harassment or sexual misconduct by a member. An
314-alleged victim may consent to the release of his or her name or other identifying information by 11
315-providing a written request to the chair of the Committee.
316-D. The Committee's recommendation may also require payment of restitution and costs
317-incurred in the investigation, or impose any other sanction that the Committee deems just and
318-proper under the circumstances, but the amount of restitution and costs shall not exceed the costs
319-incurred by the House related to the complaint. Any assessment of fines or restitution and costs
320-shall be paid in full by the member no later than thirty days after the adoption of a
321-recommendation by the House of Representatives. If the member fails to pay in full by the
322-expiration of the thirty-day time period, then the Chief Clerk may deduct from the member's
323-salary an appropriate monthly sum to repay the full amount due by the conclusion of the
324-member's current term of office.
325-RULE 13. Matters Not Covered in These Rules of Procedure
326-The Rules of Procedure of the United States House of Representatives Committee on
327-Ethics shall be taken as guidelines in deciding questions, issues, and other matters not otherwise
328-provided for in these Rules of Procedure, except that the Rules of the Missouri House of
329-Representatives governing the party representation on committees shall apply to this Committee.
330-RULE 14. Depositions
331-The Chair of the Committee, upon consultation with the Vice Chair, may order the taking
332-of depositions, under the authority of Section 21.380, RSMo, by a member or counsel of the
333-Committee. Witnesses may be accompanied at a deposition by counsel to advise the witnesses
334-of their rights. Only members of the Committee, Committee staff designated by the Chair or
335-Vice Chair, an official reporter, the witness, and the witness's counsel are permitted to attend.
336-Depositions may be taken at any stage of the proceedings and may be used as evidence
337-submitted by the Committee on Ethics.
338-RULE 15. Limitations on Scope and Authority
339-Nothing contained in these rules shall be construed to limit the authority of the House
340-of Representatives as enumerated under Article III, Section 18, of the Constitution of the state
341-of Missouri.
8+1 RULE 1. Scope and Authority
9+2 These Rules of Procedure govern the conduct of the investigation
10+3 of complaints of ethical misconduct by a member of the House and are
11+4 adopted pursuant to House Rule 37.
12+5
13+6 RULE 2. Definitions
14+7 As used in these rules, unless the context requires otherwise,
15+8 the following words and terms shall have the following meanings, and
16+9 the use of masculine gender shall include the feminine.
17+10 (1) Letter of reproval - A sanction which expresses disapproval
18+11 of conduct based on the appropriateness of such conduct by a member,
19+12 regardless of whether the conduct constitutes a legal or moral wrong.
20+13 (2) Reprimand - A sanction which recognizes the member's conduct
21+14 constituted a legal or moral wrong and which may include punishment in
22+15 the form of denying privileges of office is issued by the Speaker and
23+16 the recommendation for reprimand is made a public record.
24+17 (3) Censure - A sanction which recognizes the member's conduct
25+18 constituted a legal or moral wrong, and which shall include punishment
26+19 in the form of denying privileges of office and requires the presence
27+20 of the member in the chamber during consideration and vote by the
28+21 entire House on such resolution.
29+22 (4) Expulsion – A sanction which recognizes the member's conduct
30+23 constituted a legal or moral wrong and which may include punishment in
31+24 the form of removal from office as provided in Article III, Section 18
32+25 of the Missouri Constitution.
33+26 (5) Ethical misconduct –
34+27 (a) A crime;
35+28 (b) Willful neglect of duty;
36+29 (c) Corruption in office;
37+30 (d) Any conduct constituting a legal or moral wrong which
38+31 materially impairs the member's ability to perform the duties of his
39+32 or her office or substantially impairs public confidence in the
40+33 General Assembly;
41+34 (e) Any conduct constituting a conflict of interest under
42+35 Chapter 105, RSMo;
43+36 (f) The intentional filing of a false complaint or the filing of
44+37 a complaint in reckless disregard of the truth; or
45+1 1 (g) Any breach of confidentiality provided for under these
46+2 rules.
47+3 (6) Member – Any Missouri State Representative or Missouri State
48+4 Representative-Elect.
49+5
50+6 No allegation of ethical misconduct may be based on actions that
51+7 occurred more than six years prior to the date the respondent assumed
52+8 the office of Representative, unless the actions, whether charged or
53+9 uncharged, would constitute a [Class A] felony offense under the laws
54+10 of this state, or would constitute an offense of a sexual nature under
55+11 the laws of this state.
56+12
57+13 RULE 3. Quorum
58+14 A quorum exists when a majority of the members of the Committee
59+15 are present. A quorum of appointed members shall be necessary to hold
60+16 a hearing of any type.
61+17
62+18 RULE 4. Form of Complaints
63+19 A. All complaints filed against a member shall be made under the
64+20 authority of Rule 37 of the House Rules of Procedure. The complaints
65+21 shall be confidential and shall be referred to the Committee on Ethics
66+22 within fourteen (14) calendar days. The Speaker's referral of a
67+23 complaint shall include a letter delivered to the Chief Clerk noting
68+24 the date and time of receipt of the complaint, and the date and time
69+25 of delivery to the Committee on Ethics; except that, if the Speaker is
70+26 the subject of the complaint, the referral shall be made by the
71+27 Speaker Pro Tempore. Each complaint shall be in writing and under
72+28 oath from the member, or in the case of alleged sexual harassment or a
73+29 violation of the amorous relationship policy, the investigative report
74+30 shall be sufficient to be considered a proper complaint.
75+31 B. In the case of a complaint of sexual harassment or a
76+32 violation of the amorous relationship policy made either by or against
77+33 a member, the Chief Clerk of the House shall contract with outside
78+34 legal counsel for the purpose of investigating the complaint. The
79+35 Chief Clerk shall ensure the complaint and any results of an
80+36 investigation shall be referred within fourteen calendar days of
81+37 receipt of the complaint to the chair and vice chair of the Committee
82+38 on Ethics; except that, the fourteen-day referral requirement may be
83+39 extended for good cause for a period no longer than thirty days.
84+40 C. All complaints shall contain:
85+41 (1) The name and address of the member or members or other
86+42 individual or individuals acting as complainant;
87+43 (2) The name of the member alleged to have engaged in conduct
88+44 constituting ethical misconduct (the respondent);
89+45 (3) The nature of the alleged act constituting ethical
90+46 misconduct, including when applicable, the specific law, rule,
91+47 regulation, or ethical standard violated;
92+48 (4) The facts alleged to have given rise to the act constituting
93+49 ethical misconduct; and
94+50 (5) Where the facts are alleged upon the information and belief
95+2 1 of the complainant, the complaint shall so state and set forth the
96+2 basis for such information and belief.
97+3 [B.] D. All records in the possession of the complainant that
98+4 are relevant to and in support of the allegations shall be appended to
99+5 the complaint.
100+6 [C.] E. In the case that the Chief Clerk retains outside counsel
101+7 to investigate an alleged violation of the sexual harassment or
102+8 amorous relationship policies, the Chief Clerk shall notify the
103+9 respondent in writing that a complaint has been filed, but shall not
104+10 disclose details of the complaint or complainant to the respondent
105+11 without permission from the Chair and Vice Chair of the Committee.
106+12
107+13 RULE 5. Jurisdictional [Hearing of the Complaint by the Committee ]
108+14 Hearings
109+15 A. Within [thirty (30)] twenty-one (21) calendar days of the
110+16 assignment of the complaint, the Committee shall determine if it is in
111+17 compliance with Rule 4 of these Rules, and whether on the face of the
112+18 complaint, the allegations contained therein are within the
113+19 jurisdiction of the Committee. No person named in the complaint shall
114+20 act as a member of the Committee for purposes of such complaint. [The]
115+21 A jurisdictional hearing to examine the complaint and report or other
116+22 evidence provided to the Committee, and the determination under Rule
117+23 5. C. shall be conducted in a closed hearing.
118+24 B. Complaints determined not to be in compliance with Rule 4 of
119+25 these Rules shall be returned to the complainant with a statement that
120+26 it is not in compliance with the Rules of Procedure. The complaint
121+27 may be resubmitted in the proper form.
122+28 C. Once a determination has been made that the complaint
123+29 complies with Rule 4 of these Rules, a majority of the Committee
124+30 appointed shall vote by roll call to:
125+31 (1) Proceed to a primary hearing;
126+32 (2) Defer action pending completion of any other administrative,
127+33 disciplinary, commission, or judicial proceeding; or
128+34 (3) Dismiss the complaint. When a motion to proceed to a
129+35 primary hearing fails on a recorded vote, the complaint shall be
130+36 immediately dismissed. The Committee may, in its discretion, issue a
131+37 report in conjunction with the dismissal of the complaint.
132+38 D. In determining whether or not to proceed to a primary
133+39 hearing, the Committee shall consider the following:
134+40 (1) The credible evidence of ethical misconduct contained in the
135+41 complaint, any report, or other evidence appended thereto;
136+42 (2) Other administrative or disciplinary action by other
137+43 interested bodies;
138+44 (3) Criminal investigation, Missouri Ethics Commission
139+45 proceeding, or judicial proceedings, either civil or criminal; and
140+46 (4) Other relevant circumstances that would justify expediting,
141+47 declining, or deferring action by the Committee.
142+48 E. [Complaints determined to be in compliance with Rule 4 of
143+49 these Rules and accepted for a primary hearing shall be transmitted to
144+50 the respondent with a copy of the Rules of Procedure and notice in
145+3 1 writing that the respondent has twenty-one (21) calendar days to
146+2 respond to the complaint either by way of answer or motion pursuant to
147+3 Rule 7 of these Rules. The complainant and alleged victim shall also
148+4 be notified, in writing, of the action of the Committee.
149+5 F.] Any party may make an objection to the participation of any
150+6 member of the Committee in an examination of the complaint on the
151+7 grounds that the member cannot render an impartial and unbiased
152+8 decision in the case. The majority of the members present shall rule
153+9 on the objection to the participation of any member of the Committee.
154+10 A temporary replacement shall be made to serve on the Committee on
155+11 Ethics for all actions concerning a particular complaint for any
156+12 member of the Committee who is prevented from acting on a complaint
157+13 under these rules. Any temporary replacement made shall be of the
158+14 same party as the replaced member and shall be chosen by the Speaker
159+15 for the replacement of a member of the majority party or chosen by the
160+16 Minority Floor Leader for the replacement of a member of the minority
161+17 party; except that, if the Speaker is the respondent, the complainant,
162+18 or the victim, the temporary replacement shall be chosen by the Chair
163+19 of the Committee or, if the Minority Floor Leader is the respondent,
164+20 the complainant, or the victim, the temporary replacement shall be
165+21 chosen by the Vice Chair of the Committee. If a member of the
166+22 Committee is unable to fulfill his or her duties for any other reason,
167+23 a temporary replacement shall be appointed under the procedure
168+24 described in this paragraph.
169+25
170+26 RULE 6. Confidentiality
171+27 A. Counsel for the Committee on Ethics, with the consent of the
172+28 Chair and Vice Chair, may redact any of the names and identifying
173+29 information of the parties mentioned in any report, or provide a
174+30 summary of the report.
175+31 B. No member or staff of the Committee on Ethics shall, during
176+32 or after the investigation of the complaint, disclose, to any person
177+33 or entity outside the Committee, any information received in the
178+34 course of service with the Committee, except as authorized by the
179+35 Committee or in accordance with its rules.
180+36 C. No person, other than House staff or employees properly part
181+37 of the complaint process by rule or policy, who reviews or receives
182+38 the results of any investigation or report shall disclose any
183+39 information contained in the report, except to his or her counsel or
184+40 in accordance with these rules.
185+41 D. [If the complaint proceeds to a primary hearing, an unredacted
186+42 report shall be provided to the complainant, respondent, and alleged
187+43 victim.] Any document provided by the Committee shall contain a
188+44 watermark indicating that the document is confidential and shall list
189+45 the name of the recipient.
190+46 E. All confidential Committee records, including reports received
191+47 by the Committee, shall remain closed records unless otherwise ordered
192+48 by the Committee or these rules.
193+49 F. No audio or visual recording shall be made of any closed
194+50 hearing of the Committee on Ethics without the prior, express
195+4 1 permission of the Chair. A violation of this paragraph may be treated
196+2 as contempt or disorderly conduct as authorized under Article III,
197+3 Section 18 of the Constitution of the state of Missouri.
198+4
199+5 RULE 7. Answers and Motions
200+6 A. If the Committee determines that the complaint merits
201+7 proceeding to a primary hearing, the respondent shall have twenty-one
202+8 (21) calendar days in which to respond to the complaint by way of
203+9 answer or motion, unless this time period is waived by the respondent.
204+10 Any answer or motion shall be in writing, signed by the respondent and
205+11 his or her counsel, if he or she has one, and shall be limited to the
206+12 following:
207+13 (1) An admission or denial under oath, of the allegations set
208+14 forth in the complaint, including negative and affirmative defenses,
209+15 and any other relevant information, including supporting evidence
210+16 which the respondent may desire to submit. Failure to file an answer
211+17 within the time prescribed shall be considered by the Committee as a
212+18 denial of each allegation; or
213+19 (2) An objection to the jurisdiction of the Committee to
214+20 investigate the complaint.
215+21 B. Any motion submitted pursuant to this rule is not in lieu of
216+22 an answer and shall be accompanied by a memorandum of points and
217+23 authorities. Answers or motions not submitted [within the twenty-one
218+24 (21) calendar-day period ] prior to the deadline described in paragraph
219+25 A of this Rule shall not be considered by the Committee.
220+26 C. The Chair of the Committee shall pass upon such motions as
221+27 soon as practicable and notice of the decision shall be furnished to
222+28 the respondent and the complainant. A motion to quash a subpoena
223+29 shall be decided by the Chair of the Committee.
224+30 D. Time limitations imposed by this Rule may be extended when,
225+31 in the discretion of the Chair, such extension would facilitate a fair
226+32 and complete inquiry and may be shortened when the Chair determines
227+33 that there are special circumstances compelling expedition, and upon
228+34 twenty-four (24) hours notice of said action to the respondent and the
229+35 claimant.
230+36 E. The Chair may elect to retain special counsel for the
231+37 Committee. In the event that [a] special counsel is retained by the
232+38 Committee, the attorney-client privilege is applicable to the
233+39 Committee and not to the House.
234+40
235+41 RULE 8. Primary Hearings
236+42 A. Complaints determined to be in compliance with Rule 4 of
237+43 these Rules and accepted for a primary hearing shall be transmitted to
238+44 the respondent before the conclusion of the primary hearing with a
239+45 copy of the Rules of Procedure and notice in writing that the
240+46 respondent may respond to the complaint either by way of answer or
241+47 motion pursuant to Rule 7 of these Rules; a redacted complaint or a
242+48 summary of the complaint may be provided in lieu thereof upon approval
243+49 of the Committee. The complainant and alleged victim shall also be
244+50 notified, in writing, of the action of the Committee.
245+5 1 B. A primary hearing may be held to hear arguments based on the
246+2 evidence submitted in the case. The primary hearing may be closed at
247+3 the discretion of the Committee. The Committee shall provide the
248+4 complainant and the respondent or counsel for the complainant and
249+5 respondent an opportunity to present, orally or in writing, a
250+6 statement, which shall be under oath or affirmation, regarding the
251+7 allegations and any other relevant questions arising out of the
252+8 complaint or other evidence provided to the committee. Opening
253+9 statements made during a primary hearing shall be limited to fifteen
254+10 minutes for the complainant and fifteen minutes for the respondent;
255+11 however, such time limitations may be increased at the discretion of
256+12 the Chair of the Committee.
257+13 [B.] C. The Committee shall require that testimony be given
258+14 under oath or affirmation. The form of the oath or affirmation shall
259+15 be: "Do you solemnly swear (or affirm) that the testimony you will
260+16 give before this Committee in the matter now under consideration will
261+17 be the truth, the whole truth, and nothing but the truth (so help you
262+18 God)?" The oath or affirmation shall be administered by the Chair or
263+19 Committee member designated by the Chair to administer oaths. The
264+20 Committee may take testimony from the complainant, alleged victim,
265+21 respondent, and any other witness at the discretion of the Chair. The
266+22 complainant, alleged victim, and respondent may submit a list of
267+23 proposed witnesses to the Chair for consideration at least twenty-four
268+24 hours in advance of the hearing. Only the Committee members, or
269+25 special counsel for the Committee, may question a witness at the
270+26 primary hearing.
271+27 [C.] D. The Committee may receive witness testimony and evidence
272+28 upon which to base findings, conclusions, and recommendations. The
273+29 Committee may require, by subpoena or by subpoena duces tecum, the
274+30 attendance and testimony of such witnesses and the production of such
275+31 books, records, correspondence, memorandums, papers, electronic
276+32 communications, and documents as it deems necessary. The Committee
277+33 may issue and enforce subpoenas as allowed by law.
278+34 E. If in the course of investigating the complaint, the
279+35 Committee discovers information that may indicate ethical misconduct
280+36 by the respondent other than that outlined in the complaint, the
281+37 Committee may, by a majority vote of the Committee, expand the scope
282+38 of the investigation to include broader or additional allegations of
283+39 ethical misconduct.
284+40 F. At the conclusion of the primary hearing, a majority of the
285+41 Committee shall vote by roll call to:
286+42 (1) Dismiss the complaint, which may be accompanied by a report
287+43 issued by the Committee;
288+44 (2) Proceed by undertaking a formal hearing; or
289+45 (3) Offer a recommended sanction to the member which may include
290+46 one of the following:
291+47 (a) Letter of reproval;
292+48 (b) Reprimand;
293+49 (c) Censure; or
294+50 (d) Expulsion.
295+6 1 The member shall be given notice of his or her right to object to the
296+2 Committee's recommended sanction by the time set forth by the
297+3 Committee, which shall be no less than seventy-two hours. If the
298+4 respondent fails to object in writing to the Committee's
299+5 recommendation, [he or she] the respondent shall be deemed to waive
300+6 any and all rights to further proceedings before the Committee on
301+7 Ethics and the Committee report issued by the committee pursuant to
302+8 this paragraph shall be filed by the Committee in the form of a House
303+9 Resolution with the Clerk of the House. The recommendation shall also
304+10 be published in the House Journal and automatically placed on the
305+11 House Resolutions Calendar without further referral. If the
306+12 respondent objects in writing to the recommendation within the time
307+13 set forth by the Committee, the Committee shall proceed to a formal
308+14 hearing, which shall take place no later than ninety days after the
309+15 receipt of such objection or as scheduled or extended by a majority
310+16 vote of the Committee.
311+17
312+18 RULE 9. Formal Hearings
313+19 A. If the respondent objects in writing to the Committee’s
314+20 recommendation pursuant to Rule 8, a formal hearing shall be held on
315+21 the record to receive evidence upon which to base findings,
316+22 conclusions, and recommendations, if any, to the House; except that,
317+23 such hearing may be closed at the discretion of the Committee. The
318+24 Committee may require, by subpoena or otherwise, or by subpoena duces
319+25 tecum, the attendance and testimony of such witnesses and the
320+26 production of such books, records, correspondence, memorandums,
321+27 papers, electronic communications, and documents as it deems
322+28 necessary. The Committee may issue and enforce subpoenas as allowed
323+29 by law.
324+30 B. Prior to setting a hearing date and issuing subpoenas for
325+31 witnesses, the Committee shall resolve the scope and purpose of the
326+32 hearings. A copy of this statement of scope and purpose shall be
327+33 furnished to all witnesses. During the course of the hearings the
328+34 Committee may expand or contract the scope in light of evidence
329+35 received.
330+36 C. The order of the formal hearing shall be as follows:
331+37 (1) The Chair shall open the hearing by stating the Committee's
332+38 authority to conduct the investigation, the purpose of the
333+39 investigation and its scope.
334+40 (2) The complainant and the respondent or counsel for the
335+41 complainant and respondent shall be permitted to make opening
336+42 statements. Such opening statements shall not exceed fifteen minutes
337+43 each.
338+44 (3) Testimony from witnesses and other evidence pertinent to the
339+45 matter under investigation shall be received in the following order:
340+46 (a) Witnesses and other evidence offered by the complainant;
341+47 (b) Witnesses and other evidence offered by the respondent;
342+48 (c) Witnesses and other evidence offered by the Committee; and
343+49 (d) Rebuttal witnesses.
344+50 (4) [The Chair, or his or her designee, and the Committee members
345+7 1 may question any witness. ] Only the Committee members, or special
346+2 counsel for the Committee, may question a witness at the formal
347+3 hearing.
348+4 D. Testimony of all witnesses shall be taken under oath. The
349+5 form of the oath shall be: "Do you solemnly swear (or affirm) that
350+6 the testimony you will give before this Committee in the matter now
351+7 under consideration will be the truth, the whole truth, and nothing
352+8 but the truth (so help you God)?" The oath shall be administered by
353+9 the Chair or Committee member designated by the Chair to administer
354+10 oaths.
355+11
356+12 RULE 10. Admissibility of Evidence
357+13 A. The object of the hearings shall be to ascertain the truth.
358+14 Any evidence that is relevant and probative shall be admissible,
359+15 unless privileged or unless the Constitution otherwise requires its
360+16 exclusion. Objections going only to the weight that should be given
361+17 to evidence will not justify its exclusion.
362+18 B. The Chair or other member presiding shall rule upon any
363+19 question of admissibility of testimony or evidence presented to the
364+20 Committee. The Chair or other member presiding may limit the
365+21 presentation of repetitious evidence. Rulings shall be final unless
366+22 reversed or modified by a majority vote of the Committee members
367+23 present.
368+24 C. At a formal hearing, the burden of proof is on the
369+25 complainant with respect to each count to establish the facts alleged
370+26 therein clearly and convincingly by the evidence that he or she
371+27 introduces.
372+28
373+29 RULE 11. Witnesses
374+30 A. A subpoena to a witness shall be served sufficiently in
375+31 advance of his or her scheduled appearance to allow the witness a
376+32 reasonable period of time, as determined by the Committee, to prepare
377+33 for the hearing and to employ counsel should he or she so desire.
378+34 B. Except as otherwise specifically authorized by the Chair, no
379+35 member of the Committee or staff shall make public the name of any
380+36 witness subpoenaed by the Committee before his or her scheduled
381+37 appearance.
382+38 C. Witnesses at formal hearings may be accompanied by their
383+39 counsel for the purpose of advising them concerning their
384+40 constitutional rights and to raise objections to procedures or to the
385+41 admissibility of testimony and evidence.
386+42 D. The Chair may limit such testimony when, in his or her
387+43 discretion, he or she finds the testimony is repetitious, cumulative,
388+44 or irrelevant.
389+45 E. Each witness subpoenaed by the Committee shall be reimbursed
390+46 for those reasonable expenses approved by the Committee.
391+47 F. Each witness shall be furnished a printed copy of the Rules
392+48 of Procedure and the pertinent provisions of the Rules of the House
393+49 applicable to the rights of witnesses.
394+50 G. Within ten calendar days before the scheduled formal hearing,
395+8 1 each party shall notify the Committee and all other parties to the
396+2 complaint, in writing, of the witnesses that are to appear at the
397+3 formal hearing. Within five calendar days before the scheduled formal
398+4 hearing, each party shall notify the Committee and all other parties
399+5 to the complaint, in writing, of any proposed rebuttal witnesses that
400+6 are to appear on his or her behalf. The Chair may exercise discretion
401+7 in allowing any party's good faith request for additional witnesses
402+8 that are proposed after the expiration of these time limits, or in
403+9 denying any witness request made by a party if such request is not
404+10 made in good faith.
405+11
406+12 RULE 12. Findings, Conclusions and Recommendations
407+13 A. At the completion of the primary hearing or formal hearings,
408+14 the Committee, by a majority vote of its members, shall, within
409+15 forty-five (45) days, adopt a report stating its findings and
410+16 conclusions on the complaint. The report shall be filed with the
411+17 Chief Clerk of the House, with a copy delivered to the office of the
412+18 Speaker, office of the Majority Floor Leader, and office of the
413+19 Minority Floor Leader, and shall be printed in the House Journal. In
414+20 the event the Committee finds that the complaint is not well-founded,
415+21 the report shall so state, and shall include a copy of a Letter of
416+22 Reproval if the Committee authorized such sanction. In the event the
417+23 Committee finds that the complaint is well-founded, the report shall
418+24 state the Committee's recommendation in a resolution appended thereto.
419+25 B. The resolution shall state the Committee's findings and
420+26 conclusions on each allegation in the complaint with the
421+27 recommendation that the House take one of the following actions:
422+28 (1) Letter of reproval;
423+29 (2) Reprimand;
424+30 (3) Censure; or
425+31 (4) Expulsion.
426+32 C. The chair or counsel for the Committee shall redact from its
427+33 findings, conclusions, and recommendations, the name or names and any
428+34 identifying information of any person or persons alleged to be a
429+35 victim of sexual harassment or sexual misconduct by a member. An
430+36 alleged victim may consent to the release of his or her name or other
431+37 identifying information by providing a written request to the chair of
432+38 the Committee.
433+39 D. The Committee's recommendation may also require payment of
434+40 restitution and costs incurred in the investigation, or impose any
435+41 other sanction that the Committee deems just and proper under the
436+42 circumstances, but the amount of restitution and costs shall not
437+43 exceed the costs incurred by the House related to the complaint. Any
438+44 assessment of fines or restitution and costs shall be paid in full by
439+45 the member no later than thirty days after the adoption of a
440+46 recommendation by the House of Representatives. If the member fails
441+47 to pay in full by the expiration of the thirty-day time period, then
442+48 the Chief Clerk may deduct from the member's salary an appropriate
443+49 monthly sum to repay the full amount due by the conclusion of the
444+50 member's current term of office.
445+9 1 RULE 13. Matters Not Covered in These Rules of Procedure
446+2 The Rules of Procedure of the United States House of
447+3 Representatives Committee on Ethics [of the 118th Congress ] shall be
448+4 taken as guidelines in deciding questions, issues, and other matters
449+5 not otherwise provided for in these Rules of Procedure, except that
450+6 the Rules of the Missouri House of Representatives governing the party
451+7 representation on committees shall apply to this Committee.
452+8
453+9 RULE 14. Depositions
454+10 The Chair of the Committee, upon consultation with the Vice
455+11 Chair, may order the taking of depositions, under the authority of
456+12 Section 21.380, RSMo, by a member or counsel of the Committee.
457+13 Witnesses may be accompanied at a deposition by counsel to advise the
458+14 witnesses of their rights. Only members of the Committee, Committee
459+15 staff designated by the Chair or Vice Chair, an official reporter, the
460+16 witness, and the witness's counsel are permitted to attend.
461+17 Depositions may be taken at any stage of the proceedings and may be
462+18 used as evidence submitted by the Committee on Ethics.
463+19
464+20 RULE 15. Limitations on Scope and Authority
465+21 Nothing contained in these rules shall be construed to limit the
466+22 authority of the House of Representatives as enumerated under Article
467+23 III, Section 18, of the Constitution of the state of Missouri.
468+Introduced By: (Sponsor)
469+ Signature Dist. #
470+REMINDER: Co-sponsors must sign onto a house bill or resolution electronically through a
471+house computer or the house WEB Portal (home.house.mo.gov). Please call the office of the
472+Assistant Chief Clerk at (573) 751-4503 if you have questions.
473+10