Ethics Board rules
Read the rules for legislative ethics and the Legislative Ethics Board's procedures.
Preface
- Rule Number 1. Procedures
- A. Meetings
- B. Filing of Complaints
- C. Investigation of Complaints
- D. Staff Dismissal of Complaints
- E. Review of Staff Dismissal Order
- F. Determination of Reasonable Cause
- G. Stipulation and Settlement
- H. Notice of Hearing and Respondent’s Answer
- I. Conduct of Hearings
- J. Prehearing Conferences
- K. Final Order in Complaints
- L. Procedures Applicable to Advisory Opinions
- M. Procedures Applicable to Informal Advice
- N. Designated Ethics Advisers
- Rule Number 2. "Measurable Expenditure" Defined
- Rule Number 3. Private Use of Public Resources
- Rule Number 4. Working Hours
- Rule Number 5. Infrequent Meals
- Rule Number 6. Penalties
- Rule Number 7. Harassment
- Rule Number 8. Board Procedures
- A. Circulation of minutes
- B. Recording votes
- C. Advisory Opinion circulation procedures
- D. Complaint Opinion circulation procedures
- E. Circulation of Dissents/Concurrences (Separate Opinion) in Complaint Opinions
- F. Review of contracts, grants, and employment situations with state agencies
- G. Meetings conducted by electronic means
- H. Complaint Process
- I. Recusal
Rule Number 8. Board Procedures
A. 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. The minutes shall be published on the Board’s website
contemporaneously.
B. Recording votes
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 or move
that votes be included in the minutes.
C. 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.
D. 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.
E. Circulation of Dissents/Concurrences (Separate Opinion) in Complaint Opinions
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.
F. 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.
G. Meetings conducted by electronic means
The board may conduct meetings by telephone or other electronic means. In such
cases, a link to the public portion of the meeting shall be made available on the
Board’s website so that the public can view the meeting.
H. Complaint Process
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 Board Rule 1.F, the board’s consideration of a complaint shall be
conducted in closed 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.
I. Recusal
A member of the board shall recuse himself or herself if his or her impartiality
might reasonably be questioned because of 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.