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SPONSOR: |
Rep. Schwartzkopf & Rep. Longhurst & Rep. Mitchell & Rep. D. Short & Rep. Dukes |
HOUSE OF REPRESENTATIVES
151st GENERAL ASSEMBLY
HOUSE RESOLUTION NO. 4
RELATING TO PERMANENT PROCEDURES OF THE HOUSE OF REPRESENTATIVES OF THE 151ST GENERAL ASSEMBLY OF THE STATE OF DELAWARE FOR ETHICS VIOLATIONS.
BE IT RESOLVED by the House of Representatives of the 151 st General Assembly of the State of Delaware that the Permanent Rules of Procedure of the House of Representatives for ethics violations shall be as follows:
RULES OF PROCEDURE, ETHICS VIOLATIONS
5. - Changes in Committee Rules
8. - Preliminary Inquiry and Statement of Alleged Violations
9. - Answers and Motions and Committee Action
10. - Disciplinary Hearings before the Committee
11. - Committee Recommendations
14. - Admissibility of Evidence
16. - Records of House Proceedings
18. - Consideration of Complaints by the House
23. - Admissibility of Evidence
RULES OF PROCEDURE, ETHICS VIOLATIONS.
Rule 1 - Scope and Authority .
These rules govern the procedures to be followed by the Ethics Committee and by the House in proceedings involving allegations of violations of the Rules of Legislative Conduct. So far as applicable, these rules and the Rules of the House of Representatives shall be the rules of the Ethics Committee which may prescribe additional rules not inconsistent therewith.
PROCEEDINGS BEFORE THE ETHICS COMMITTEE.
Rule 2 - Meetings and Quorum .
(a)The Committee shall meet at the call of the Chair. Notice of a Committee meeting shall be given pursuant to the Rules of the House of Representatives.
(b) A quorum of the Committee consists of a majority of the members of the Committee.
(a) The Chair of the Committee shall, with the approval of the Committee, establish such procedures as in the Chair's judgment may be necessary to prevent the unauthorized disclosure of any testimony or other information received by the Committee or its staff.
(b)(1) Unless otherwise authorized by the Committee, no information received by the Committee respecting any alleged violation by a member of the House of Representatives of any Rule of Legislative Conduct shall be disclosed to the public before the transmittal, under Rule 8 of these rules, to such member of a statement of alleged violation in connection with such violation. After the service of such a statement on the member:
(2) the statement and any other paper filed pursuant to Rule 8 respecting such violation shall be made available for public inspection at reasonable hours; and
(3) any other paper filed with the Committee respecting such violation shall be made available as authorized by the Committee, except that no paper shall be made available if its disclosure would violate any law or regulation.
The Committee may adopt, by Resolution, any special procedures deemed necessary to a particular matter before the Committee. Copies of such special procedures shall be furnished to all parties and witnesses in the matter.
Rule 5 - Changes in Committee Rules .
The rules of the Committee other than these rules may be modified, amended or repealed by a vote of a majority of the Committee.
COMMITTEE INVESTIGATIVE AUTHORITY.
(a) A complaint may be submitted to the Committee pursuant to subsection (c) of this rule and shall be in writing and under oath, setting forth in simple, concise and direct statements the following:
(1) the name and address of the party filing the complaint (hereinafter referred to as the 'complainant');
(2) the name of the member of the House of Representatives alleged to be in violation of a Rule of Legislative Conduct (hereinafter referred to as the 'respondent');
(3) a statement of each violation, identifying the Rule of Legislative Conduct alleged to have been violated, divided into counts with each violation representing a separate count; and
(4) the facts alleged to give rise to the violation. The facts supporting the complaint may be sworn to by any person. When 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.
(b) All documents in the possession of the complainant that are relevant to and in support of the allegations shall be appended to the complaint.
(c) A complaint may be filed only by a member of the House of Representatives (including a member of the Committee) and shall be transmitted directly to the Committee.
Rule 7 - Processing Complaints .
(a)(1) The Staff of the Committee shall examine each complaint submitted to the Committee for compliance with the Rules of the House of Representatives and any other applicable Committee rules.
(2) If the staff determines that a complaint does not comply with House and Committee rules, the complaint shall be returned to the complainant with a general statement that the complaint is not in compliance with such rules and a copy of such rules. A complainant may resubmit a complaint.
(3) If the staff determines that a complaint is in compliance with House and Committee rules, the complaint shall be filed with the Committee and a copy shall be transmitted to each member of the Committee.
(4) The Chair shall place the complaint on the Committee agenda for consideration, and shall schedule a Committee meeting as soon as practical thereafter.
A. The Committee shall consider the complaint and determine if the complaint should be dismissed because it fails to allege facts which constitute a violation of a Rule of Legislative Conduct or if the complaint merits further inquiry.
B. The decision under subparagraph A of this paragraph shall be transmitted in writing to the complainant and respondent.
(b)(1) If the Committee determines that the complaint fails to allege facts which constitute a violation of a Rule of Legislative Conduct, the Committee shall deliver to the House a report of the action taken and a brief statement of the reasons therefor.
(2) If there are no dissenting votes to the determination in paragraph (b)(1) of this rule the complaint shall be considered dismissed, and neither the Committee nor the House shall take any further action with respect thereto.
(3) If there are any dissenting votes to the determination in paragraph (b)(1) of this rule, the complaint shall be considered dismissed and neither the Committee nor the House shall take any further action with respect thereto provided that the Committee's determination shall be considered reversed and the investigation shall be pursued by the Committee upon the written petition of any member of the House filed with the Speaker and ap