Connecticut Seal

General Assembly

Amendment

 

January Session, 2009

LCO No. 9087

   
 

*HB0618709087SRO*

Offered by:

 

SEN. MCKINNEY, 28th Dist.

SEN. FASANO, 34th Dist.

SEN. RORABACK, 30th Dist.

 

To: Subst. House Bill No. 6187

File No. 981

Cal. No. 706

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. (NEW) (Effective from passage) (a) Any member of the Senate may submit a complaint, under penalty of false statement, concerning alleged misconduct by a member of the Senate to the president pro tempore and the Senate minority leader. Not later than seven days after receipt of such a complaint, the president pro tempore shall appoint a bipartisan committee on ethics that shall consist of six members, three of whom shall be appointed with the concurrence of the Senate minority leader. The president pro tempore shall appoint two cochairpersons of the committee, one of whom shall be appointed upon the recommendation of the Senate minority leader.

(b) Said committee shall have cognizance of any official Senate action in response to any such complaint of misconduct by any member of the Senate. As used in this section, "misconduct" means any violation of state or federal election laws, any violation of the state codes of ethics, any misuse of state property or time, including, but not limited to, the submission of a false claim for reimbursement for time or expenses, any form of illegal discrimination, any legal or ethical wrong or other conduct that materially impairs the ability of the member to perform the duties of his or her office or undermines public trust and confidence in the Senate. Nothing in this section shall be construed to affect the powers and duties of the Office of State Ethics or the Citizen's Ethics Advisory Board.

(c) A quorum, consisting of not less than two members of each caucus, shall be required to conduct any official business of the committee. All committee decisions shall require four affirmative votes.

(d) In the event that a complaint concerns alleged misconduct by the president pro tempore, the duties of the president pro tempore under this section shall become the duties of the Senate majority leader. If such complaint concerns alleged misconduct of the Senate minority leader, the duties of the Senate minority leader under this section shall become the duties of the Senate minority leader pro tempore.

(e) The committee shall conduct a preliminary investigation into any such complaint of misconduct by any member of the Senate. Any such preliminary investigation of a complaint shall be confidential and not subject to disclosure. Upon the conclusion of any preliminary investigation, the committee shall vote to either (1) dismiss the complaint, or (2) make a finding of probable cause that misconduct has occurred. Upon a finding of probable cause by the committee, all information relating to the preliminary investigation shall, to the extent allowed by state and federal law, be made available to the public.

(f) The committee shall undertake a full investigation only after a finding of probable cause. All information relating to a full investigation shall, to the extent allowed by state and federal law, be made available to the public. All proceedings relating to a full investigation shall be open to the public. Upon the completion of a full investigation, the committee shall report its findings and recommendation in the form of a resolution to be voted upon by the Senate. Such recommendation shall include one of the following: (1) Expulsion, (2) censure, (3) reprimand, or (4) no action. The full Senate shall vote on any such resolution not later than ten days after the committee reports out any such resolution.

(g) The subject of any such complaint or investigation may be represented by counsel and may appear before the committee on his or her own behalf.

(h) The committee shall adopt rules and procedures to govern its proceedings. Such rules shall include, but not be limited to, standards, rules and methodology for conducting such preliminary and full investigation, respectively. "