Enforcement & Complaints

This is the place to raise and discuss issues involving the filing of a complaint regarding an alleged violation of the Code, and the ensuing investigation. Possible issues for discussion include who may file a complaint; whether complaints must be sworn; whether an Ethics Commission may file its own complaints; whether it may file a complaint based on others' allegations, anonymous, or not; whether an Ethics Commission may make a settlement with the respondent; reimbursement of respondents' attorney fees; and how to handle complaints based on false statements.

This is the place to comment on and discuss the hearing process for proceedings before the Ethics Commission. The assumption here is that such proceedings are public after a finding of probable cause. The discussion of whether or not they should be public is elsewhere.

214. Public Hearing Process.

1. After a finding of probable cause, the Ethics Commission must hold one or more public hearings, and the first public hearing must commence within thirty days after the finding of probable cause.

This is the place to share your opinions of and experiences with judicial review of Ethics Commission decisions. For example, who should be able to seek judicial review: complainants, respondents, other interested parties, anyone? Are there situations where judicial review is inappropriate, too expensive (where there is nothing but a reprimand)? Should there be judicial review of alleged procedural irregularities?

216. Judicial Review.

Any person or entity aggrieved by a decision of the Ethics Commission may seek judicial review and relief pursuant to ----- of [state law].

This is the place to comment on the penalty provisions of the Model Code, to recommend alternative penalties, to share experiences with various penalties and the lack of certain penalties, and to discuss the advantages and disadvantages of various penalties. For example, please share your experiences with ethics commissions that have the power to suspend or remove employees, as well as with situations where this power is reserved to the legislative body or other individuals or bodies.