September 20, 2016, Introduced by Rep. McBroom and referred to the Committee on Oversight and Ethics.
A bill to provide for standing committees on ethics in the
senate and house of representatives; to provide for the adoption of
a code of ethics in each legislative chamber; to create a procedure
for handling and addressing ethical complaints against legislative
members; to prescribe the powers and duties of certain state
officers; and to address the funding of the ethics committees.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) This act shall be known and may be cited as the
"legislative code of ethics and accountability act".
(2) As used in this act, "committee" means an ethics committee
authorized or created under section 2.
Sec. 2. (1) The senate and the house of representatives shall
each authorize or create a standing committee on ethics under this
act. This act does not preclude either legislative house from
establishing any additional standing or select committee or from
referring an issue to an established committee.
(2) A committee shall consist of any equal number of members
from the majority and minority parties appointed in the same manner
as a standing committee.
(3) The senate majority leader shall appoint the chairperson
of the committee of the senate, and the speaker of the house shall
designate the chairperson of the committee of the house.
Sec. 3. (1) The term of a committee member begins on the day
the member is appointed and ends at the close of the legislative
session. However, the appointing authority of each house may remove
and replace a committee member with or without cause at any time
during the committee member's term. A vacancy occurs if a committee
member ceases to serve in the legislative house from which he or
she was appointed.
(2) A legislator may be reappointed to a committee.
(3) A vacancy on a committee shall be filled in the same
manner as the original appointment.
Sec. 4. (1) The senate and the house of representatives shall
each incorporate a code of ethics into that house's rules. The code
of ethics may include the provisions under subsection (4) and any
additional provisions not inconsistent with this act.
(2) A committee may propose amendments to the code of ethics
for adoption by its respective chamber.
(3) Recommendations by the committee must be consistent with
the state constitution of 1963, this act, and any other applicable
law.
(4) The code of ethics for the members of each legislative
house may include all of the following provisions:
(a) Each member shall adhere to the spirit and the letter of
the rules of the member's house and to the rules of duly
constituted committees thereof.
(b) Each member shall conduct himself or herself at all times
in a manner that does not negatively reflect on the integrity of
the legislature.
(c) Each member shall conduct himself or herself to justify
the confidence placed in him or her by the people and shall, by
personal example, admonition to colleagues, and in faith to the
oath of office, maintain the integrity and responsibility of his or
her office.
(d) A member shall not engage in any conduct that materially
impairs the ability of the member to perform the duties of his or
her office or substantially impairs public confidence in the
legislature.
(e) Members shall be alert for and properly responsive to
conflicts of interest and shall not use the office to unduly
influence others or to obtain any material good or favor.
(f) A member shall not use his or her position in any manner
to solicit or obtain anything of value for himself or herself,
legislative employees, or any other member that tends to influence
the manner in which the member performs his or her official duties.
(g) A member shall not convert for personal, business, or
campaign use unrelated to legislative business any supplies,
services, facilities, or staff provided by this state.
(h) A member shall not use or disclose information officially
deemed confidential improperly or without appropriate authorization
if that information was acquired by the member in the course of his
or her official duties.
(i) A member shall not solicit or accept any type of campaign
contribution in any legislative facility or building.
(j) A member shall avoid personal and professional turpitude.
(k) Any violation of law or the code of ethics by a member is
subject to the legislative house's plenary authority to reprimand
or censure its members. A member may be reprimanded or censured by
any means necessary and proper to ensure strict adherence to the
law and rules. A reprimand or censure is in addition to any
potential civil or criminal penalties otherwise provided by law.
(l) A member may be expelled for any cause, including a
violation of law or rules, considered appropriate by a roll call
vote of 2/3 of the members elected and serving as provided in
section 16 of article IV of the state constitution of 1963.
Sec. 5. A committee may do any of the following:
(a) Act as an advisory body to the appropriate legislative
house and to its members on questions relating to the code of
ethics and possible conflicts of interest.
(b) Issue advisory opinions interpreting the code of ethics
and possible conflicts of interest on the written request of a
member of the legislature or on its own initiative.
(c) Investigate a complaint filed under section 7.
(d) Recommend appropriate sanction with respect to a
particular member of the legislative house as will best maintain
the trust, respect, and confidence of the public in the
legislature.
(e) Recommend legislation relating to the conduct and ethics
of members.
(f) Recommend any disciplinary action against a member of the
legislative house, including reprimand, censure, expulsion, or
denial or limitation of any right, power, privilege, or immunity as
a member of the legislature that the state constitution of 1963
permits the legislature to deny or limit.
Sec. 6. The committee shall operate under the following rules:
(a) A quorum of the committee shall be a majority of the
members appointed and serving.
(b) All official communications from the committee shall be
made by the chairperson of the committee, or upon the written
request of a majority of committee members appointed and serving.
(c) The committee shall meet upon a call of the chairperson,
or upon written request of a majority of the members appointed and
serving. The requests must contain the date, time, place, and
subject of the meeting.
(d) A majority of the committee members appointed and serving
may recommend additional or revised rules for adoption by the
appropriate legislative house.
(e) The chairperson of the committee shall determine the
agenda for a committee hearing.
Sec. 7. Any legislator may submit a complaint alleging that
another legislator has violated the code of ethics, another law,
rule, or regulation, or another standard of conduct applicable to
the performance of duties as a member of the legislature. The
complaint shall be submitted to the clerk of the house or the
secretary of the senate, who shall forward the complaint to the
committee. The complaint must be in writing, dated, properly
verified, and include all of the following:
(a) The name and legal address of the party filing the
complaint.
(b) The name of the respondent.
(c) The nature of the alleged violation.
(d) The facts alleged to give rise to the violation. The
complaint must not contain innuendo, speculative assertions, or
conclusory statements.
Sec. 8. (1) A committee shall process complaints submitted
under section 7 as follows:
(a) When a complaint is filed with the committee, a copy shall
be sent to the respondent, the presiding officer of that house, and
each committee member.
(b) Subject to subdivision (c), if the chairperson determines
the complaint does not allege facts sufficient to constitute an
ethical or statutory violation, or upon written request of a
majority of members appointed and serving, the complaint shall be
dismissed and the complainant and respondent notified of the
dismissal of the complaint.
(c) If the chairperson determines that the complaint alleges
facts sufficient to constitute an ethical or statutory violation,
or upon written request of a majority of members appointed and
serving, the committee shall promptly investigate the alleged
violation.
(d) The committee may interview witnesses, examine documents,
and use other investigative measures in connection with a
complaint. The committee may, by a majority vote of members
appointed and serving, compel by subpoena the attendance and
testimony of witnesses and the production of documents it deems
necessary to conduct its investigation. Failure to comply with a
subpoena may be punished as contempt.
(e) The respondent and any witness in an investigation of a
complaint may be represented by counsel.
(f) Upon completion of its investigation of a complaint, the
committee may conclude 1 of the following:
(i) No violation occurred so no action is appropriate.
(ii) A violation occurred but was inadvertent, technical, or
of a de minimis nature and shall be addressed by informal methods,
such as a written warning to the member. The committee shall submit
a summary of its findings to the senate majority leader or speaker
of the house, as applicable. The report may contain specific
recommendations for further action, including disciplinary action
to be imposed.
(iii) A violation of a serious nature may have occurred, and
formal procedures shall be instituted to inquire further into the
complaint. The committee shall issue a statement of formal charges
and hold a public hearing on the complaint as provided in section
9.
(g) The committee may employ legal counsel and any other staff
to assist the committee in carrying out the committee's duties
under this act.
(2) All proceedings of the committee under this section prior
to issuing a statement of formal charges, including investigations
and witness interviews, shall be conducted in closed session under
section 8(h) of the open meetings act, 1976 PA 267, MCL 15.268,
when considering matters made exempt from disclosure under section
10.
Sec. 9. (1) If formal procedures are instituted under section
8, the committee shall hold a public hearing. The committee shall
receive all admissible evidence, determine any factual or legal
issues presented during the hearing, and make findings of fact
based on the evidence.
(2) Any hearing concerning a statement of formal charges
issued under section 8 shall be open to the public as provided by
the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, unless
the committee, by a majority vote of its members, closes the
hearing to the public as provided in that act or as otherwise
provided by law.
(3) The committee shall employ a rule of evidence that admits
and gives probative effect to evidence of a type commonly relied
upon by a reasonably prudent person. Irrelevant, immaterial, or
unduly repetitious evidence may be excluded. The committee shall
respect the rules of privilege recognized by law.
(4) All public testimony must be directly relevant to the
committee's investigatory duties and submitted in writing. Any
public testimony shall be collected at the end of each committee
meeting.
(5) The committee may rule that an item or topic of discussion
is irrelevant or immaterial if the item or topic of discussion does
not directly relate to the committee's investigatory duties. The
committee may further rule that an attempt by a witness or legal
counsel to discuss an item or topic of conversation previously
ruled to be irrelevant or immaterial is out of order.
(6) If the committee holds a hearing, the respondent shall be
allowed to examine and make copies of all relevant evidence in the
committee's possession relating to the complaint. At the hearing, a
respondent shall be afforded the right to be represented by
counsel.
(7) Upon completion of the hearing, the committee may conclude
any of the following:
(a) No action is appropriate because no improper conduct
occurred.
(b) No action is appropriate because there is not sufficient
evidence that improper conduct occurred.
(c) There was improper conduct based on sufficient evidence,
but that conduct does not justify disciplinary action and should be
resolved by informal methods such as by written warning to a
member. The committee shall submit a summary of its findings to the
senate majority leader or speaker of the house, as applicable. The
report may contain specific recommendations for further action,
including disciplinary actions to be imposed. Action under this
subdivision requires an affirmative vote of a majority of the
members appointed and serving.
(d) There was improper conduct based on sufficient evidence,
and the improper conduct was of a serious nature so as to warrant
formal disciplinary action including reprimand, censure, or
expulsion. The committee shall submit a summary of its findings to
the senate majority leader or speaker of the house, as applicable.
The report shall contain specific recommendations for further
action, including disciplinary actions to be imposed. Action under
this subdivision requires an affirmative vote of a majority of the
members appointed and serving.
(8) The committee may employ legal counsel or any other staff
to assist the committee in carrying out the committee's duties
under this act.
Sec. 10. Except as provided in section 9, all complaints,
information, communications, materials, papers, files, and
transcripts received or developed by the committee in the course of
its duties, whether written or oral, shall be confidential and
exempt from disclosure with the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246. The committee shall investigate breaches
of this confidentiality, except that breaches of confidentiality by
members of the committee shall be investigated by the senate
majority leader or speaker of the house, as applicable. A breach of
confidentiality may be punished by appropriate action, including as
contempt.
Sec. 11. A committee member may recuse himself or herself from
participating in any proceeding upon submission of a written
statement that the committee member cannot render an impartial and
unbiased decision in a case. A committee member is ineligible to
participate in committee meetings, as a committee member, in any
proceeding relating to the member's own conduct. A committee member
may be disqualified by a unanimous vote of the remaining eligible
members of the committee. If a committee member is disqualified
from or is ineligible to participate in any committee proceedings,
the authority responsible for the original appointment of the
disqualified or ineligible committee member shall appoint a
replacement member who shall serve during the period of the
original member's disqualification or ineligibility.
Sec. 12. All expenses of the committee, including costs for
legal counsel and staff, shall be paid out of appropriations to the
legislature.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.