Legislature(2003 - 2004)

05/10/2004 08:55 AM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
        HB 563-LEGISLATIVE PROCEDURE & ETHICS GUIDELINES                                                                    
                                                                                                                                
MS.  JANET SEITZ,  staff to  Representative  Norm Rokeberg,  told                                                               
members that the version of HB  563 that passed the House differs                                                               
from version H of SB 397 [companion legislation] in two ways:                                                                   
   · on page 2, lines 15-23, regarding who appoints the                                                                         
     replacements  to the  disqualified members  when there  is a                                                               
     group complaint,  the new language says  if the disqualified                                                               
     members are part of the  Majority Caucus, then the presiding                                                               
     officer  shall appoint;  if they  are part  of the  Minority                                                               
     Caucus, the Minority Leader shall appoint.                                                                                 
   · The second change pertains to the definition of "caucus" on                                                                
     lines  29 and  30  on  page 2.  Commas  were  added to  that                                                               
     sentence  so  that  it  reads "'caucus'  means  a  group  of                                                               
     legislators  who share  a political  philosophy,  or have  a                                                               
     common goal, and who organize as a group."                                                                                 
                                                                                                                                
CHAIR SEEKINS  pointed out that  the Minority Caucus  leader will                                                               
appoint the member from the other house.                                                                                        
                                                                                                                                
MS. SEITZ  said that is  correct if the disqualified  members are                                                               
minority members.                                                                                                               
                                                                                                                                
SENATOR  THERRIAULT asked  if that  change was  made via  a floor                                                               
amendment.                                                                                                                      
                                                                                                                                
MS. SEITZ  said the change was  made with a floor  amendment that                                                               
was  agreed  to  by  Representative   Rokeberg.  She  added  that                                                               
Representative Rokeberg had offered  an amendment to clarify some                                                               
language  that was  discussed in  the Senate  Judiciary Committee                                                               
about member versus  members and some clean-up  language that the                                                               
committee   wanted   to   offer.   During   the   floor   debate,                                                               
Representative  Gara   and  others   pointed  out  that   if  the                                                               
disqualified  member is  a minority  member, the  Minority Leader                                                               
should appoint a replacement. She explained:                                                                                    
                                                                                                                                
     This is when ... the  complaint is not filed against an                                                                    
     entire  caucus  but  maybe just  the  members  of  that                                                                    
     caucus who  serve on the  ethics committee are  part of                                                                    
     the  group the  complaint  is filed  against, then  the                                                                    
     first step  is to  appoint - for  example if  the House                                                                    
     majority members were  disqualified, then the presiding                                                                    
     officer  would appoint  another member  from the  House                                                                    
     Majority  to sit  in on  that group  complaint. If  the                                                                    
     Minority members  were disqualified,  then it  would be                                                                    
     the Minority Leader.                                                                                                       
                                                                                                                                
     And  then the  second part  goes  into it  if it's  all                                                                    
     members of the  caucus, for example all  members of the                                                                    
     Majority Caucus  so all members of  the Majority Caucus                                                                    
     would be disqualified from  participating in the ethics                                                                    
     committee in regards to the complaint.                                                                                     
                                                                                                                                
CHAIR  SEEKINS  asked, "What  if  the  complaint goes  against  a                                                               
coalition of  the caucus where  part of the members  are Majority                                                               
and part of the members are  Minority? In that case, the Minority                                                               
Caucus leader shall  appoint the member. To  illustrate his point                                                               
he talked  about the  ad hoc  fiscal caucus,  which had  a member                                                               
from the minority party. If  that caucus violated the ethics act,                                                               
the Minority Caucus leader would do the appointing. He said:                                                                    
                                                                                                                                
     I  think what  we're  trying  to get  to  here, if  I'm                                                                    
     correct, is  that if  all the members  in one  house of                                                                    
     the  Majority Caucus  are part  of the  complaint, it's                                                                    
     brought against  the entire caucus, then  the presiding                                                                    
     officer appoints from the other  body who the presiding                                                                    
     officer  wants to  appoint to  be  the replacement.  If                                                                    
     it's all against  the Minority Caucus, and  none of the                                                                    
     majority  members  are   involved,  then  the  Minority                                                                    
     Caucus leader gets to do  the appointment. Is that what                                                                    
     we're after?                                                                                                               
                                                                                                                                
MS. SEITZ affirmed that is what  the House was after. She did not                                                               
think they envisioned  a case where all  four legislative members                                                               
of  either  body  serving  on   the  ethics  committee  would  be                                                               
disqualified.                                                                                                                   
                                                                                                                                
CHAIR  SEEKINS agreed.  He then  added,  "If it's  caucus A's  ox                                                               
that's being gored, then caucus A  gets to appoint from the other                                                               
body. If it's  all caucus B's ox that's being  gored, then caucus                                                               
B  gets  to  appoint  replacements   from  the  other  body  that                                                               
represent their  caucus. So if  that's the intent, and  it's very                                                               
clear on  the record that that's  what we're doing, and  that was                                                               
how the drafters were instructed to  draft this then I don't have                                                               
a problem with it."                                                                                                             
                                                                                                                                
MS. SEITZ affirmed that to be the intent.                                                                                       
                                                                                                                                
CHAIR SEEKINS asked members if  that was their interpretation and                                                               
there was no dissent from members.                                                                                              
                                                                                                                                
SENATOR THERRIAULT suggested changing  the word "members" on line                                                               
16 of page 2 to "member".                                                                                                       
                                                                                                                                
MS.  SEITZ  said  that  would   not  work  because  the  [ethics]                                                               
committee has a member and alternate  from each party so for that                                                               
provision to kick  in, both the member and the  alternate have to                                                               
be disqualified, otherwise the alternate would serve.                                                                           
                                                                                                                                
CHAIR SEEKINS responded,  "And it strictly ...  gives within that                                                               
body  the opportunity  for the  majority  or the  leader of  that                                                               
caucus  to do  the appointing  of who  replaces the  disqualified                                                               
person. I  don't have any objection  to that. Do you  guys have a                                                               
problem with that?"                                                                                                             
                                                                                                                                
MS. SEITZ said that change, and  the comma change on lines 29 and                                                               
30 to clarify the definition of "caucus," are the only changes.                                                                 
                                                                                                                                
CHAIR SEEKINS took a brief at-ease from 9:05 to 9:09 a.m.                                                                       
                                                                                                                                
CHAIR  SEEKINS announced  that he  would  set aside  SB 397  from                                                               
further consideration so  that HB 563 was the  vehicle before the                                                               
committee. He then took public testimony.                                                                                       
                                                                                                                                
MR.  MYRL  THOMPSON,  representing himself,  made  the  following                                                               
statement:                                                                                                                      
                                                                                                                                
     Okay, I  haven't totally gone  over this newest  CS for                                                                    
     the House  bill but it's  looking to be along  the same                                                                    
     lines as  the other.   I have certain problems  with it                                                                    
     as  far as  the  -  on page  5  now  and the  complaint                                                                    
     dismissal part  of it. That's  still a  First Amendment                                                                    
     right  to  [indisc.]  government if  we  disagree  with                                                                    
     these things.                                                                                                              
                                                                                                                                
     I  actually  went through  and  spoke  to a  number  of                                                                    
     people  in  my  neighborhood   and  then  a  couple  of                                                                    
     associations yesterday  and they had no  idea that this                                                                    
     bill  was even  in  there  but I  think  that you'd  be                                                                    
     pretty interested  to know that those  folks think that                                                                    
     this is  just outrageous. I  showed them a copy  of the                                                                    
     bill and explained  to them - and I also  showed them a                                                                    
     copy of testimony.  The folks out here  just think that                                                                    
     this is crazy  that the legislature is  trying to write                                                                    
     the rules that the legislature has to go by.                                                                               
                                                                                                                                
     As I  said in  previous testimony,  the best  place for                                                                    
     this  type  of bill  to  be  written,  or come  out  of                                                                    
     anyway, would  be the ethics  committee because  of its                                                                    
     balance.  It has  five members  of the  public and  two                                                                    
     members from  each house.  This is  a committee  of one                                                                    
     where this  bill is coming  from and it's just  not the                                                                    
     best place to address this.  You have to have the trust                                                                    
     of  the people  and respect  of the  people and  that's                                                                    
     written into  the code and,  by having a fox  guard the                                                                    
     henhouse, that's  not showing  us any respect  and it's                                                                    
     certainly not  going to  get our  trust and  that's the                                                                    
     most important thing here. I'll let you go with that.                                                                      
                                                                                                                                
CHAIR SEEKINS  said at  the last meeting,  a comparison  was made                                                               
between a grand jury investigation  and an ethics complaint being                                                               
kept confidential while under review.  He sees the two as similar                                                               
because of  the potential  for abuse  - a  mere allegation  of an                                                               
ethics violation  is being  made against  someone as  a political                                                               
weapon. The suggestion  is that until the ethics  committee has a                                                               
chance to  review it,  you don't  want to  set the  committee and                                                               
process up  as a political tool.  He asked Mr. Thompson  if he is                                                               
suggesting that the  grand jury system is going  against the will                                                               
of the people.                                                                                                                  
                                                                                                                                
With  no  further  participants,   CHAIR  SEEKINS  closed  public                                                               
testimony. He  agreed with Senator Therriault  that the operating                                                               
procedures of  the legislature are  very clear. They are  set out                                                               
in  Mason's  Manual  and  the Uniform  Rules.  In  addition,  the                                                               
procedures  under  HB 563  are  very  public. People  can  always                                                               
suggest additional  rules for consideration.  He is not  aware of                                                               
any  other   governmental  body  that  allows   someone  else  to                                                               
prescribe the operating rules for the  other body. He said he has                                                               
no problem  with this bill  and he has  no problem with  the fact                                                               
that  if people  try to  use  an ethics  complaint for  political                                                               
purposes to harm an individual, they  should not be able to do so                                                               
by announcing their complaint to the media.                                                                                     
                                                                                                                                
SENATOR OGAN  said he  had suggested an  alternative way  to deal                                                               
with the issue of confidentiality  and while he does not disagree                                                               
with what  committee members  have said, he  wanted to  state for                                                               
the record  that he  tried hard  to get the  bill amended  in the                                                               
other  body  to   allow  the  ethics  committee   to  assess  the                                                               
administrative cost of the complaint  process against someone who                                                               
files  a frivolous  complaint. He  noted that  unfortunately, the                                                               
debate  in the  House went  into  the late  hours and  additional                                                               
amendments  could  not  be  considered.  He  explained  that  the                                                               
amendment would  have required a  title change, which  would kill                                                               
the bill  at this point  in the session.  He stated that  he does                                                               
not object to the bill moving  out of committee although he would                                                               
have preferred to  amend it. He said he would  be recommending on                                                               
the committee report that the bill be amended.                                                                                  
                                                                                                                                
SENATOR THERRIAULT  moved CSHB 563(JUD)am(efdadd)  from committee                                                               
with individual recommendations.                                                                                                
                                                                                                                                
CHAIR SEEKINS  announced that with  no objection, the  bill moved                                                               
from committee.                                                                                                                 

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