Topic:
APPOINTMENT TO OFFICE; ETHICS CODE; EXECUTIVE AND LEGISLATIVE NOMS. COMMITTEE; STATE BOARDS AND COMMISSIONS;
Location:
EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE;

OLR Research Report


March 8, 2004

 

2004-R-0216

QUESTIONS FOR STATE ETHICS COMMISSION NOMINEE

By: Sandra Norman-Eady, Chief Attorney

CURRENT ISSUES

1. The current statute of limitations for the State Ethics Commission to investigate allegations of ethics code violations is three years after they occur. A bill (HB 5021) has been raised that would extend the period to five years. How would passage of this legislation affect the amount of work the commission has to do?

2. The commission has always had seven members, four appointed by legislative leaders and three appointed by the governor. A bill (HB 5019) seeks to increase the membership to nine, allowing for legislative appointments from citizen groups. Would these new appointments help or harm the commission’s deliberative process? Please explain.

3. There has been recent talk about insulating the State Ethics Commission and its staff and budget from politics and outside influences. One way people have talked about doing this is to place the commission in the Judicial Department since commission members perform judicial functions. Assuming this is possible, should commission members be subject to a code of conduct similar to that applicable to judges? Specifically, should they be prohibited from engaging in ex parte communications? Please explain.

4. The Code of Ethics authorizes State Ethics Commission staff to issue informal staff opinions, which advise people regarding future conduct. Under what circumstances, if any, should the commission interfere with the staff’s ability to provide this service?

5. Despite having the authority to do so, about one-third of the state’s municipalities have not adopted a local code of ethics. What are your views on whether municipalities should be forced to adopt one or to comply with the state code?

ISSUES RELATING TO AGENCY RESPONSIBILITIES AND PROCEDURES

1. Should the $ 2,000 penalty for most ethics code violations be increased to match the severity of possible unethical conduct?

2. Public officials who are subject to the State Ethics Code appoint commission members. Should a member automatically recuse himself when a complaint is filed against the official who appointed him? Under what circumstances should commission members recuse themselves?

3. What assistance should the State Ethics Commission provide to municipal ethics boards or commissions?

4. There are currently 16 exceptions to the ban on gifts public officials may receive. Would an absolute ban on gifts be harder or easier to enforce? Why?

5. There are statutory restrictions on the people who can serve on the commission. For example, people who have held office in the three years prior to appointment or who are lobbyists cannot serve. Would an added restriction prohibiting people from serving who contributed substantially to a political campaign make it difficult for the commission to find members?

6. What role should the executive director and chief counsel have in commission decision making?

SN-E: ts