ETHICS COMMITTEE
RULES OF PROCEDURE
103rd GENERAL ASSEMBLY
Adopted February 3, 2025
RULE 1. Scope and Authority
These Rules of Procedure govern the conduct of the investigation of complaints of ethical
misconduct by a member of the House and are adopted pursuant to House Rule 37.
RULE 2. Definitions
As used in these rules, unless the context requires otherwise, the following words and
terms shall have the following meanings, and the use of masculine gender shall include the
feminine.
(1) Letter of reproval - A sanction which expresses disapproval of conduct based on the
appropriateness of such conduct by a member, regardless of whether the conduct constitutes a
legal or moral wrong.
(2) Reprimand - A sanction which recognizes the member's conduct constituted a legal
or moral wrong and which may include punishment in the form of denying privileges of office
is issued by the Speaker and the recommendation for reprimand is made a public record.
(3) Censure - A sanction which recognizes the member's conduct constituted a legal or
moral wrong, and which shall include punishment in the form of denying privileges of office and
requires the presence of the member in the chamber during consideration and vote by the entire
House on such resolution.
(4) Expulsion – A sanction which recognizes the member's conduct constituted a legal
or moral wrong and which may include punishment in the form of removal from office as
provided in Article III, Section 18 of the Missouri Constitution.
(5) Ethical misconduct –
(a) A crime;
(b) Willful neglect of duty;
(c) Corruption in office;
(d) Any conduct constituting a legal or moral wrong which materially impairs the
member's ability to perform the duties of his or her office or substantially impairs public 2
confidence in the General Assembly;
(e) Any conduct constituting a conflict of interest under Chapter 105, RSMo;
(f) The intentional filing of a false complaint or the filing of a complaint in reckless
disregard of the truth; or
(g) Any breach of confidentiality provided for under these rules.
(6) Member – Any Missouri State Representative or Missouri State
Representative-Elect.
No allegation of ethical misconduct may be based on actions that occurred more than six years
prior to the date the respondent assumed the office of Representative, unless the actions, whether
charged or uncharged, would constitute a felony offense under the laws of this state, or would
constitute an offense of a sexual nature under the laws of this state.
RULE 3. Quorum
A quorum exists when a majority of the members of the Committee are present. A
quorum of appointed members shall be necessary to hold a hearing of any type.
RULE 4. Form of Complaints
A. All complaints filed against a member shall be made under the authority of Rule 37
of the House Rules of Procedure. The complaints shall be confidential and shall be referred to
the Committee on Ethics within fourteen (14) calendar days. The Speaker's referral of a
complaint shall include a letter delivered to the Chief Clerk noting the date and time of receipt
of the complaint, and the date and time of delivery to the Committee on Ethics; except that, if
the Speaker is the subject of the complaint, the referral shall be made by the Speaker Pro
Tempore. Each complaint shall be in writing and under oath from the member, or in the case
of alleged sexual harassment or a violation of the amorous relationship policy, the investigative
report shall be sufficient to be considered a proper complaint.
B. In the case of a complaint of sexual harassment or a violation of the amorous
relationship policy made either by or against a member, the Chief Clerk of the House shall
contract with outside legal counsel for the purpose of investigating the complaint. The Chief
Clerk shall ensure the complaint and any results of an investigation shall be referred within
fourteen calendar days of receipt of the complaint to the chair and vice chair of the Committee 3
on Ethics; except that, the fourteen-day referral requirement may be extended for good cause for
a period no longer than thirty days.
C. All complaints shall contain:
(1) The name and address of the member or members or other individual or individuals
acting as complainant;
(2) The name of the member alleged to have engaged in conduct constituting ethical
misconduct (the respondent);
(3) The nature of the alleged act constituting ethical misconduct, including when
applicable, the specific law, rule, regulation, or ethical standard violated;
(4) The facts alleged to have given rise to the act constituting ethical misconduct; and
(5) Where the facts are alleged upon the information and belief of the complainant, the
complaint shall so state and set forth the basis for such information and belief.
D. All records in the possession of the complainant that are relevant to and in support
of the allegations shall be appended to the complaint.
E. In the case that the Chief Clerk retains outside counsel to investigate an alleged
violation of the sexual harassment or amorous relationship policies, the Chief Clerk shall notify
the respondent in writing that a complaint has been filed, but shall not disclose details of the
complaint or complainant to the respondent without permission from the Chair and Vice Chair
of the Committee.
RULE 5. Jurisdictional Hearings
A. Within twenty-one (21) calendar days of the assignment of the complaint, the
Committee shall determine if it is in compliance with Rule 4 of these Rules, and whether on the
face of the complaint, the allegations contained therein are within the jurisdiction of the
Committee. No person named in the complaint shall act as a member of the Committee for
purposes of such complaint. A jurisdictional hearing to examine the complaint and report or
other evidence provided to the Committee, and the determination under Rule 5. C. shall be
conducted in a closed hearing.
B. Complaints determined not to be in compliance with Rule 4 of these Rules shall be
returned to the complainant with a statement that it is not in compliance with the Rules of
Procedure. The complaint may be resubmitted in the proper form.
C. Once a determination has been made that the complaint complies with Rule 4 of these 4
Rules, a majority of the Committee appointed shall vote by roll call to:
(1) Proceed to a primary hearing;
(2) Defer action pending completion of any other administrative, disciplinary,
commission, or judicial proceeding; or
(3) Dismiss the complaint. When a motion to proceed to a primary hearing fails on a
recorded vote, the complaint shall be immediately dismissed. The Committee may, in its
discretion, issue a report in conjunction with the dismissal of the complaint.
D. In determining whether or not to proceed to a primary hearing, the Committee shall
consider the following:
(1) The credible evidence of ethical misconduct contained in the complaint, any report,
or other evidence appended thereto;
(2) Other administrative or disciplinary action by other interested bodies;
(3) Criminal investigation, Missouri Ethics Commission proceeding, or judicial
proceedings, either civil or criminal; and
(4) Other relevant circumstances that would justify expediting, declining, or deferring
action by the Committee.
E. Any party may make an objection to the participation of any member of the
Committee in an examination of the complaint on the grounds that the member cannot render
an impartial and unbiased decision in the case. The majority of the members present shall rule
on the objection to the participation of any member of the Committee. A temporary replacement
shall be made to serve on the Committee on Ethics for all actions concerning a particular
complaint for any member of the Committee who is prevented from acting on a complaint under
these rules. Any temporary replacement made shall be of the same party as the replaced member
and shall be chosen by the Speaker for the replacement of a member of the majority party or
chosen by the Minority Floor Leader for the replacement of a member of the minority party;
except that, if the Speaker is the respondent, the complainant, or the victim, the temporary
replacement shall be chosen by the Chair of the Committee or, if the Minority Floor Leader is
the respondent, the complainant, or the victim, the temporary replacement shall be chosen by the
Vice Chair of the Committee. If a member of the Committee is unable to fulfill his or her duties
for any other reason, a temporary replacement shall be appointed under the procedure described
in this paragraph.
RULE 6. Confidentiality 5
A. Counsel for the Committee on Ethics, with the consent of the Chair and Vice Chair,
may redact any of the names and identifying information of the parties mentioned in any report,
or provide a summary of the report.
B. No member or staff of the Committee on Ethics shall, during or after the investigation
of the complaint, disclose, to any person or entity outside the Committee, any information
received in the course of service with the Committee, except as authorized by the Committee or
in accordance with its rules.
C. No person, other than House staff or employees properly part of the complaint
process by rule or policy, who reviews or receives the results of any investigation or report shall
disclose any information contained in the report, except to his or her counsel or in accordance
with these rules.
D. Any document provided by the Committee shall contain a watermark indicating that
the document is confidential and shall list the name of the recipient.
E. All confidential Committee records, including reports received by the Committee,
shall remain closed records unless otherwise ordered by the Committee or these rules.
F. No audio or visual recording shall be made of any closed hearing of the Committee
on Ethics without the prior, express permission of the Chair. A violation of this paragraph may
be treated as contempt or disorderly conduct as authorized under Article III, Section 18 of the
Constitution of the state of Missouri.
RULE 7. Answers and Motions
A. If the Committee determines that the complaint merits proceeding to a primary
hearing, the respondent shall have twenty-one (21) calendar days in which to respond to the
complaint by way of answer or motion, unless this time period is waived by the respondent. Any
answer or motion shall be in writing, signed by the respondent and his or her counsel, if he or
she has one, and shall be limited to the following:
(1) An admission or denial under oath, of the allegations set forth in the complaint,
including negative and affirmative defenses, and any other relevant information, including
supporting evidence which the respondent may desire to submit. Failure to file an answer within
the time prescribed shall be considered by the Committee as a denial of each allegation; or
(2) An objection to the jurisdiction of the Committee to investigate the complaint.
B. Any motion submitted pursuant to this rule is not in lieu of an answer and shall be
accompanied by a memorandum of points and authorities. Answers or motions not submitted 6
prior to the deadline described in paragraph A of this Rule shall not be considered by the
Committee.
C. The Chair of the Committee shall pass upon such motions as soon as practicable and
notice of the decision shall be furnished to the respondent and the complainant. A motion to
quash a subpoena shall be decided by the Chair of the Committee.
D. Time limitations imposed by this Rule may be extended when, in the discretion of
the Chair, such extension would facilitate a fair and complete inquiry and may be shortened
when the Chair determines that there are special circumstances compelling expedition, and upon
twenty-four (24) hours notice of said action to the respondent and the claimant.
E. The Chair may elect to retain special counsel for the Committee. In the event that
special counsel is retained by the Committee, the attorney-client privilege is applicable to the
Committee and not to the House.
RULE 8. Primary Hearings
A. Complaints determined to be in compliance with Rule 4 of these Rules and accepted
for a primary hearing shall be transmitted to the respondent before the conclusion of the primary
hearing with a copy of the Rules of Procedure and notice in writing that the respondent may
respond to the complaint either by way of answer or motion pursuant to Rule 7 of these Rules;
a redacted complaint or a summary of the complaint may be provided in lieu thereof upon
approval of the Committee. The complainant and alleged victim shall also be notified, in
writing, of the action of the Committee.
B. A primary hearing may be held to hear arguments based on the evidence submitted
in the case. The primary hearing may be closed at the discretion of the Committee. The
Committee shall provide the complainant and the respondent or counsel for the complainant and
respondent an opportunity to present, orally or in writing, a statement, which shall be under oath
or affirmation, regarding the allegations and any other relevant questions arising out of the
complaint or other evidence provided to the committee. Opening statements made during a
primary hearing shall be limited to fifteen minutes for the complainant and fifteen minutes for
the respondent; however, such time limitations may be increased at the discretion of the Chair
of the Committee.
C. The Committee shall require that testimony be given under oath or affirmation. The
form of the oath or affirmation shall be: "Do you solemnly swear (or affirm) that the testimony
you will give before this Committee in the matter now under consideration will be the truth, the
whole truth, and nothing but the truth (so help you God)?" The oath or affirmation shall be
administered by the Chair or Committee member designated by the Chair to administer oaths. 7
The Committee may take testimony from the complainant, alleged victim, respondent, and any
other witness at the discretion of the Chair. The complainant, alleged victim, and respondent
may submit a list of proposed witnesses to the Chair for consideration at least twenty-four hours
in advance of the hearing. Only the Committee members, or special counsel for the Committee,
may question a witness at the primary hearing.
D. The Committee may receive witness testimony and evidence upon which to base
findings, conclusions, and recommendations. The Committee may require, by subpoena or by
subpoena duces tecum, the attendance and testimony of such witnesses and the production of
such books, records, correspondence, memorandums, papers, electronic communications, and
documents as it deems necessary. The Committee may issue and enforce subpoenas as allowed
by law.
E. If in the course of investigating the complaint, the Committee discovers information
that may indicate ethical misconduct by the respondent other than that outlined in the complaint,
the Committee may, by a majority vote of the Committee, expand the scope of the investigation
to include broader or additional allegations of ethical misconduct.
F. At the conclusion of the primary hearing, a majority of the Committee shall vote by
roll call to:
(1) Dismiss the complaint, which may be accompanied by a report issued by the
Committee;
(2) Proceed by undertaking a formal hearing; or
(3) Offer a recommended sanction to the member which may include one of the
following:
(a) Letter of reproval;
(b) Reprimand;
(c) Censure; or
(d) Expulsion.
The member shall be given notice of his or her right to object to the Committee's recommended
sanction by the time set forth by the Committee, which shall be no less than seventy-two hours.
If the respondent fails to object in writing to the Committee's recommendation, the respondent
shall be deemed to waive any and all rights to further proceedings before the Committee on
Ethics and the Committee report issued by the committee pursuant to this paragraph shall be
filed by the Committee in the form of a House Resolution with the Clerk of the House. The 8
recommendation shall also be published in the House Journal and automatically placed on the
House Resolutions Calendar without further referral. If the respondent objects in writing to the
recommendation within the time set forth by the Committee, the Committee shall proceed to a
formal hearing, which shall take place no later than ninety days after the receipt of such
objection or as scheduled or extended by a majority vote of the Committee.
RULE 9. Formal Hearings
A. If the respondent objects in writing to the Committee’s recommendation pursuant to
Rule 8, a formal hearing shall be held on the record to receive evidence upon which to base
findings, conclusions, and recommendations, if any, to the House; except that, such hearing may
be closed at the discretion of the Committee. The Committee may require, by subpoena or
otherwise, or by subpoena duces tecum, the attendance and testimony of such witnesses and the
production of such books, records, correspondence, memorandums, papers, electronic
communications, and documents as it deems necessary. The Committee may issue and enforce
subpoenas as allowed by law.
B. Prior to setting a hearing date and issuing subpoenas for witnesses, the Committee
shall resolve the scope and purpose of the hearings. A copy of this statement of scope and
purpose shall be furnished to all witnesses. During the course of the hearings the Committee
may expand or contract the scope in light of evidence received.
C. The order of the formal hearing shall be as follows:
(1) The Chair shall open the hearing by stating the Committee's authority to conduct the
investigation, the purpose of the investigation and its scope.
(2) The complainant and the respondent or counsel for the complainant and respondent
shall be permitted to make opening statements. Such opening statements shall not exceed fifteen
minutes each.
(3) Testimony from witnesses and other evidence pertinent to the matter under
investigation shall be received in the following order:
(a) Witnesses and other evidence offered by the complainant;
(b) Witnesses and other evidence offered by the respondent;
(c) Witnesses and other evidence offered by the Committee; and
(d) Rebuttal witnesses.
(4) Only the Committee members, or special counsel for the Committee, may question 9
a witness at the formal hearing.
D. Testimony of all witnesses shall be taken under oath. The form of the oath shall be:
"Do you solemnly swear (or affirm) that the testimony you will give before this Committee in
the matter now under consideration will be the truth, the whole truth, and nothing but the truth
(so help you God)?" The oath shall be administered by the Chair or Committee member
designated by the Chair to administer oaths.
RULE 10. Admissibility of Evidence
A. The object of the hearings shall be to ascertain the truth. Any evidence that is relevant
and probative shall be admissible, unless privileged or unless the Constitution otherwise requires
its exclusion. Objections going only to the weight that should be given to evidence will not
justify its exclusion.
B. The Chair or other member presiding shall rule upon any question of admissibility
of testimony or evidence presented to the Committee. The Chair or other member presiding may
limit the presentation of repetitious evidence. Rulings shall be final unless reversed or modified
by a majority vote of the Committee members present.
C. At a formal hearing, the burden of proof is on the complainant with respect to each
count to establish the facts alleged therein clearly and convincingly by the evidence that he or
she introduces.
RULE 11. Witnesses
A. A subpoena to a witness shall be served sufficiently in advance of his or her
scheduled appearance to allow the witness a reasonable period of time, as determined by the
Committee, to prepare for the hearing and to employ counsel should he or she so desire.
B. Except as otherwise specifically authorized by the Chair, no member of the
Committee or staff shall make public the name of any witness subpoenaed by the Committee
before his or her scheduled appearance.
C. Witnesses at formal hearings may be accompanied by their counsel for the purpose
of advising them concerning their constitutional rights and to raise objections to procedures or
to the admissibility of testimony and evidence.
D. The Chair may limit such testimony when, in his or her discretion, he or she finds the
testimony is repetitious, cumulative, or irrelevant. 10
E. Each witness subpoenaed by the Committee shall be reimbursed for those reasonable
expenses approved by the Committee.
F. Each witness shall be furnished a printed copy of the Rules of Procedure and the
pertinent provisions of the Rules of the House applicable to the rights of witnesses.
G. Within ten calendar days before the scheduled formal hearing, each party shall notify
the Committee and all other parties to the complaint, in writing, of the witnesses that are to
appear at the formal hearing. Within five calendar days before the scheduled formal hearing,
each party shall notify the Committee and all other parties to the complaint, in writing, of any
proposed rebuttal witnesses that are to appear on his or her behalf. The Chair may exercise
discretion in allowing any party's good faith request for additional witnesses that are proposed
after the expiration of these time limits, or in denying any witness request made by a party if
such request is not made in good faith.
RULE 12. Findings, Conclusions and Recommendations
A. At the completion of the primary hearing or formal hearings, the Committee, by a
majority vote of its members, shall, within forty-five (45) days, adopt a report stating its findings
and conclusions on the complaint. The report shall be filed with the Chief Clerk of the House,
with a copy delivered to the office of the Speaker, office of the Majority Floor Leader, and office
of the Minority Floor Leader, and shall be printed in the House Journal. In the event the
Committee finds that the complaint is not well-founded, the report shall so state, and shall
include a copy of a Letter of Reproval if the Committee authorized such sanction. In the event
the Committee finds that the complaint is well-founded, the report shall state the Committee's
recommendation in a resolution appended thereto.
B. The resolution shall state the Committee's findings and conclusions on each allegation
in the complaint with the recommendation that the House take one of the following actions:
(1) Letter of reproval;
(2) Reprimand;
(3) Censure; or
(4) Expulsion.
C. The chair or counsel for the Committee shall redact from its findings, conclusions,
and recommendations, the name or names and any identifying information of any person or
persons alleged to be a victim of sexual harassment or sexual misconduct by a member. An
alleged victim may consent to the release of his or her name or other identifying information by 11
providing a written request to the chair of the Committee.
D. The Committee's recommendation may also require payment of restitution and costs
incurred in the investigation, or impose any other sanction that the Committee deems just and
proper under the circumstances, but the amount of restitution and costs shall not exceed the costs
incurred by the House related to the complaint. Any assessment of fines or restitution and costs
shall be paid in full by the member no later than thirty days after the adoption of a
recommendation by the House of Representatives. If the member fails to pay in full by the
expiration of the thirty-day time period, then the Chief Clerk may deduct from the member's
salary an appropriate monthly sum to repay the full amount due by the conclusion of the
member's current term of office.
RULE 13. Matters Not Covered in These Rules of Procedure
The Rules of Procedure of the United States House of Representatives Committee on
Ethics shall be taken as guidelines in deciding questions, issues, and other matters not otherwise
provided for in these Rules of Procedure, except that the Rules of the Missouri House of
Representatives governing the party representation on committees shall apply to this Committee.
RULE 14. Depositions
The Chair of the Committee, upon consultation with the Vice Chair, may order the taking
of depositions, under the authority of Section 21.380, RSMo, by a member or counsel of the
Committee. Witnesses may be accompanied at a deposition by counsel to advise the witnesses
of their rights. Only members of the Committee, Committee staff designated by the Chair or
Vice Chair, an official reporter, the witness, and the witness's counsel are permitted to attend.
Depositions may be taken at any stage of the proceedings and may be used as evidence
submitted by the Committee on Ethics.
RULE 15. Limitations on Scope and Authority
Nothing contained in these rules shall be construed to limit the authority of the House
of Representatives as enumerated under Article III, Section 18, of the Constitution of the state
of Missouri.