Ethics
Committee
As used in the
context of this rule, the word "committee" shall mean the Committee
on Ethics of the House of Representatives, and the phrase "majority of the
committee" shall mean a majority of the members to which the committee is
entitled.
The committee shall
consist of eight members: four of whom shall be members of the majority party
appointed by the Speaker, and four of whom shall be members of the minority
party appointed by the Minority Leader. The Speaker shall appoint from the
members a chair, vice chair and secretary for the committee. The chair shall be
a member of the majority party and the vice chair shall be a member of the
minority party.
The chair shall
notify all members of the committee at least 24 hours in advance of the date,
time and place of a regular meeting. Whenever the chair shall refuse to call a
regular meeting, a majority of the committee may vote to call a meeting by
giving two days' written notice to the Speaker of the House setting forth the
time and place for such meeting. Such notice shall be read in the House and
posted in the House Chamber by the Chief Clerk, or a designee. Thereafter, the
meeting shall be held at the time and place specified in such notice.
The committee shall
conduct its investigations, hearings and meetings relating to a specific
investigation or a specific member, officer or employee of the House in closed
session and the fact that such investigation is being conducted or to be
conducted or that hearings or such meetings are being held or are to be held
shall be confidential information unless the person subject to investigation
advises the committee in writing that he or she elects that such hearings shall
be held publicly. In the event of such an election, the committee shall furnish
such person a public hearing. All other meetings of the committee shall be open
to the public.
The committee shall
receive complaints against members, officers and employees of the House, and
persons registered or carrying on activities regulated by 65 Pa.C.S. Ch. 13A (relating to lobbying disclosure), alleging illegal or unethical conduct. Any such
complaint must be in writing verified by the person filing the complaint and
must set forth in detail the conduct in question and the section of the "Legislative
Code of Ethics," the provision of 65 Pa.C.S Ch. 13A or the House rule
violated. The committee shall make a preliminary investigation of the
complaint, and if it is determined by a majority of the committee that a
violation of the rule or law may have occurred, the person against whom the
complaint has been brought shall be notified in writing and given a copy of the
complaint. Within 15 days after receipt of the complaint, such person may file
a written answer thereto with the committee. Upon receipt of the answer, by
vote of a majority of the committee, the committee shall either dismiss the
complaint within ten days or proceed with a formal investigation, to include
hearings, not less than ten days nor more than 30 days after notice in writing
to the persons so charged. Failure of the person charged to file an answer
shall not be deemed to be an admission or create an inference or presumption
that the complaint is true, and such failure to file an answer shall not
prohibit a majority of the committee from either proceeding with a formal
investigation or dismissing the complaint.
A majority of the
committee may initiate a preliminary investigation of the suspected violation
of a Legislative Code of Ethics or House rule by a member, officer or employee
of the House or lobbyist. If it is determined by a majority of the committee
that a violation of a rule or law may have occurred, the person in question
shall be notified in writing of the conduct in question and the section of the
"Legislative Code of Ethics," the provision of 65 Pa.C.S. Ch. 13A or the House rule violated. Within 15 days, such person may file a written answer
thereto. Upon receipt of the answer, by vote of a majority of the committee,
the committee shall either dismiss the charges within ten days or proceed with
a formal investigation, to include hearings, not less than ten days nor more
than 30 days after notice in writing to the person so charged. Failure of the
person charged to file an answer shall not be deemed to be an admission or
create an inference or presumption that the charge is true, and such failure to
file an answer shall not prohibit a majority of the committee from either
proceeding with a formal investigation or dismissing the charge.
In the event that
the committee shall elect to proceed with a formal investigation of the conduct
of any member, officer or employee of the House, the committee shall employ
independent counsel who shall not be employed by the House for any other
purpose or in any other capacity during such investigation.
All constitutional
rights of any person under investigation shall be preserved, and such person
shall be entitled to present evidence, cross-examine witnesses, face his or her
accuser, and be represented by counsel.
The chair may continue
any hearing for reasonable cause, and upon the vote of a majority of the
committee or upon the request of the person subject to investigation, the chair
shall issue subpoenas for the attendance and testimony of witnesses and the
production of documentary evidence relating to any matter under formal
investigation by the committee. The committee may administer oaths or
affirmations and examine and receive evidence.
All testimony,
documents, records, data, statements or information received by the committee
in the course of any investigation shall be private and confidential except in
the case of public hearings or in a report to the House. No report shall be
made to the House unless a majority of the committee has made a finding of
unethical or illegal conduct on the part of the person under investigation. No
finding of unethical or illegal conduct shall be valid unless signed by at
least a majority of the committee. Any such report may include a minority
report. No action shall be taken on any finding of illegal or unethical conduct
nor shall such finding or report containing such finding be made public sooner
than seven days after a copy of the finding is sent by certified mail to the
member, officer or employee under investigation.
The committee may meet
with a committee of the Senate to hold investigations or hearings involving
employees of the two houses jointly or officers or employees of the Legislative
Reference Bureau, the Joint State Government Commission, the Local Government
Commission, the Legislative Budget and Finance Committee and the Legislative
Data Processing Committee; provided, however, that no action may be taken at a
joint meeting unless it is approved by a majority of the committee.
In the event that a
member of the committee shall be under investigation, such member shall be
temporarily replaced on the committee in a like manner as said member's
original appointment.
The committee,
whether or not at the request of a member, officer or employee concerned about
an ethical problem relating to the member, officer or employee alone or in
conjunction with others, may render advisory opinions with regard to questions
pertaining to legislative ethics or decorum. Such advisory opinions, with such
deletions and changes as shall be necessary to protect the identity of the
persons involved or seeking them, may be published and shall be distributed to
all the members of the House.
Any member of the
committee breaching the confidentiality of materials and events as set forth in
this rule shall be removed immediately from the committee and replaced by
another member of the House in a like manner as said member's original
appointment.
The committee may adopt rules of
procedure for the orderly conduct of its affairs, investigations, hearings and
meetings, which rules are not inconsistent with this rule.
The committee shall
continue to exist and have authority and power to function after the sine die
adjournment of the General Assembly and shall so continue until the expiration
of the then current term of office of the members of the committee.
RULE
47 (a)
Status
of Members Indicted or Convicted of a Crime
When an indictment
is returned or a charge is filed before a court of record against a member of
the House, and the gravamen of the indictment or charge is directly related to
the member's conduct as a committee chair or ranking minority committee member
or in a position of leadership or is one which would render the member
ineligible to the General Assembly under section 7 of Article II of the Constitution
of Pennsylvania, the member shall be relieved of committee chair status,
ranking minority committee member status or leadership position until the
indictment or charge is disposed of, but the member shall otherwise continue to
function as a Representative, including voting, and shall continue to be paid.
If, during the same
legislative session, the indictment OR CHARGE is quashed, dismissed or
withdrawn, or the court finds that the member is not guilty of the offense
alleged, the member shall immediately be restored to committee chair status,
ranking minority committee member status or the leadership position
retroactively from which he or she was suspended.
Upon a finding or
verdict of guilt by a judge or jury, plea or admission of guilt or plea of nolo
contendere of a member of the House of a crime, the gravamen of which relates
to the member's conduct as a Representative or which would render the member
ineligible to the General Assembly under section 7 of Article II of the
Constitution of Pennsylvania, and upon imposition of sentence, the
Parliamentarian of the House shall prepare a resolution of expulsion under the
sponsorship of the Chair and Vice-Chair of the House Ethics Committee. The
resolution shall be printed and placed on the calendar for the next day of
House session.
