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 |
---|