Circulation of minutes
Meeting minutes shall be prepared in draft form, circulated to members prior to the next meeting, and included in the meeting packet. Once adopted, minutes are available on request.
Written board opinions and board minutes will not reflect the board’s vote, although any member may request his or her vote be shown in the record.
Advisory Opinion circulation procedures
The board may adopt final advisory opinions during board meetings or by circulation to board members. If the board decides to adopt an opinion by circulation, at least seven calendar days shall be provided for a review period. No response within the seven-day period is assumed to mean concurrence with the opinion as circulated. Non-substantive technical changes may be made without re-circulation. Any other changes shall only be accomplished by re-circulation or consideration at the following board meeting.
Complaint Opinion circulation procedures
The board may adopt final complaint opinions during board meetings or by electronic circulation to members. If the board decides to adopt an opinion by circulation, at least seven calendar days shall be provided for a review period. No response by a board member within the seven-day period is assumed to mean concurrence with the opinion as circulated. Non-substantive technical changes approved by the chair may be made without re-circulation. Any change deemed substantive by the chair shall only be accomplished by re-circulation or consideration at the next board meeting.
Circulation of Dissents/Concurrences (Separate Opinion)
A board member who wishes to file a Separate Opinion to the majority complaint opinion must indicate that intent during the board’s discussion of the majority opinion in executive session or within the seven-day circulation period provided above. If so indicated, the written proposed Separate Opinion must be circulated to the other board members within ten days of receiving the majority opinion for review. If any board member objects to language contained in the proposed Separate Opinion, the proposed Separate Opinion shall be discussed by the full board at its next meeting. If the time for writing a proposed Separate Opinion has elapsed and a proposed Separate Opinion has not been put into circulation, the majority opinion shall be published. If the proposed Separate Opinion has been timely written and circulated and there are no objections to the language of the proposed Separate Opinion or the board members who circulated the proposed Separate Opinion do not concur with the objections of the other board members, the Separate Opinion shall be published at the same time as the majority opinion.
Review of contracts, grants, and employment situations with state agencies
All contracts, grants, or employment situations submitted for approval shall be made available to the board in full. Matters which are submitted for filing only shall be summarized in a report to the board at the next meeting. All contracts, grants, or terms-of- employment information shall be submitted in conjunction with an advice request form provided by the board and completed by the legislator or the legislative employee and the counsel to the board.
Telephone conference meetings
The board may conduct meetings by telephone or video conferencing. In such cases, if the meeting is a public meeting, a location shall be made available where public access is provided to hear and/or view the meeting.
Prior to the board’s notice of a public hearing on a complaint, board members should avoid communication with anyone other than board staff or other board members concerning a complaint that has been filed with the board or appears reasonably likely to be filed with the board. Prior to a public hearing on a complaint, and pursuant to the provisions of the Open Public Meetings Act and Board Rule 1.F, the board’s consideration of a complaint shall be conducted in executive session. Pursuant to the ethics act and board rules, board members may not conduct an independent investigation of the facts of a complaint. It is not an independent investigation when members read documents attached to complaints or documents or materials referred to within a complaint as exhibits or supporting documentation.
A member of the board shall recuse himself or herself if his or her impartiality might reasonably be questioned because if a conflict of interest or personal bias or prejudice. A legislative member of the Board should consider recusing himself or herself if a complaint is filed against a seatmate. If a legislative member becomes a respondent in an ethics complaint, that member shall not participate in any discussions or deliberations related to the complaint and must be excused from any portion of the board’s meetings concerning the complaint until proceedings on the complaint are completed. If the board finds reasonable cause to believe the member has violated the act, the issue of the member’s continuing participation on the board shall be referred to the member’s caucus for a decision in whether the member should continue to serve on the board