68B.31 - LEGISLATIVE ETHICS COMMITTEE.
68B.31 LEGISLATIVE ETHICS COMMITTEE.
1. There shall be an ethics committee in the senate and an ethics
committee in the house, each to consist of six members; three members
to be appointed by the majority leader in each house, and three
members by the minority leader in each house. A member of the ethics
committee may disqualify himself or herself from participating in any
proceeding upon submission of a written statement that the member
cannot render an impartial and unbiased decision in a case. A member
is ineligible to participate in committee meetings, as a member of
the committee, in any proceeding relating to the member's own
conduct. A member may be disqualified by a unanimous vote of the
remaining eligible members of the committee. If a member of the
ethics committee is disqualified from or is ineligible to participate
in any committee proceedings, the authority responsible for the
original appointment of the disqualified or ineligible member shall
appoint a replacement member who shall serve during the period of the
original member's disqualification or ineligibility.
2. Members shall receive a per diem and travel expenses at the
same rate as paid members of interim committees for attending
meetings held when the general assembly is not in session. The per
diem and expenses shall be paid from funds appropriated by section
2.12.
3. The majority leader of each house shall designate the
chairperson and vice chairperson, and the minority leader of each
house shall designate the ranking member, of each committee. The
chairperson of each committee shall have the following powers, duties
and functions:
a. Preside over meetings of the committee.
b. Call meetings of the committee upon receipt of findings
from the independent special counsel that there is probable cause to
believe that a member of the general assembly or a lobbyist has
committed a violation of a provision of this chapter or of the rules
relating to ethical conduct that are adopted pursuant to this
chapter.
4. a. The ethics committee of each house shall have the
following powers, duties, and functions:
(1) Prepare a code of ethics within thirty days after the
commencement of each general assembly.
(2) Prepare rules relating to lobbyists and lobbying activities
in the general assembly.
(3) Issue advisory opinions interpreting the intent of
constitutional and statutory provisions relating to legislators and
lobbyists as well as interpreting the code of ethics and rules issued
pursuant to this section. Opinions shall be issued when approved by
a majority of the six members and may be issued upon the written
request of a member of the general assembly or upon the committee's
initiation. Opinions are not binding on the legislator or lobbyist.
(4) Receive and hear complaints and charges against members of
its house alleging a violation of the code of ethics, rules governing
lobbyists, this chapter, or other matters referred to it by its house
or the independent special counsel. The committee shall recommend
rules for the receipt and processing of findings of probable cause
relating to ethical violations of members of the general assembly or
lobbyists during the legislative session and those received after the
general assembly adjourns.
(5) Recommend legislation relating to legislative ethics and
lobbying activities.
b. The ethics committee may employ independent legal counsel
to assist the committee in carrying out the committee's duties under
this chapter. Payment of costs for the independent legal counsel
shall be made from funds appropriated pursuant to section 2.12.
5. Any person may file a complaint with the ethics committee of
either house alleging that a member of the general assembly or a
lobbyist before the general assembly has committed a violation of
this chapter. The ethics committee shall prescribe and provide forms
for this purpose. The complaint shall include the name and address
of the complainant and a statement of the facts believed to be true
that form the basis of the complaint, including the sources of
information and approximate dates of the acts alleged and a
certification by the complainant under penalty of perjury that the
facts stated to be true are true to the best of the complainant's
knowledge.
6. The ethics committee shall promptly notify any party alleged
to have committed a violation of the code of ethics, rules governing
lobbyists, or this chapter of the filing of a complaint by causing a
copy of the complaint to be served or personally delivered to the
party charged, unless service is waived by the party charged, and
shall review the complaint to determine if the complaint meets the
requirements for formal sufficiency. If the complaint is deficient
as to form, the complaint shall be returned to the complainant with a
statement of the nature of the deficiency and the party charged in
the complaint shall be notified that the complaint has been returned.
If a complaint, previously found to be deficient as to form, is
refiled in different form, the party charged in the complaint shall
be provided with a copy of the new document in the same manner as
provided for service of the initial complaint. Any amendments to a
complaint that are filed with the committee shall also be served or
personally delivered, unless service is waived, to the party charged
in the complaint. If the complaint is sufficient as to form, the
ethics committee shall review the complaint to determine whether the
complaint states a valid charge which may be investigated. A valid
complaint must allege all of the following:
a. Facts, that if true, establish a violation of a provision
of this chapter, the rules governing lobbyists, or the code of ethics
for which penalties or other remedies are provided.
b. That the conduct providing the basis for the complaint
occurred within three years of the filing of the complaint.
c. That the party charged with a violation is a party subject
to the jurisdiction of the ethics committee.
7. If the ethics committee determines that a complaint is not
valid, the complaint shall be dismissed and returned to the
complainant with a notice of dismissal stating the reason or reasons
for the dismissal. If the ethics committee determines that a
complaint is valid, the ethics committee shall request that the chief
justice of the supreme court appoint an independent special counsel
to investigate the allegations contained in the complaint to
determine whether there is probable cause to believe that a violation
of this chapter has occurred and whether an evidentiary hearing on
the complaint should be held. Payment of costs for the independent
special counsel shall be made from section 2.12.
8. If a hearing on the complaint is ordered the ethics committee
shall receive all admissible evidence, determine any factual or legal
issues presented during the hearing, and make findings of fact based
upon evidence received. Hearings shall be conducted in the manner
prescribed in section 17A.12. The rules of evidence applicable under
section 17A.14 shall also apply in hearings before the ethics
committee. Clear and convincing evidence shall be required to
support a finding that the member of the general assembly or lobbyist
before the general assembly has committed a violation of this
chapter. Parties to a complaint may, subject to the approval of the
ethics committee, negotiate for settlement of disputes that are
before the ethics committee. Terms of any negotiated settlements
shall be publicly recorded. If a complaint is filed or initiated
less than ninety days before the election for a state office, for
which the person named in the complaint is the incumbent
officeholder, the ethics committee shall, if possible, set the
hearing at the earliest available date so as to allow the issue to be
resolved before the election. An extension of time for a hearing may
be granted when both parties mutually agree on an alternate date for
the hearing. The ethics committee shall make every effort to hear
all ethics complaints within three months of the date that the
complaints are filed. However, after three months from the date of
the filing of the complaint, extensions of time for purposes of
preparing for hearing may only be granted by the ethics committee
when the party charged in the complaint with the ethics violation
consents to an extension. If the party charged does not consent to
an extension, the ethics committee shall not grant any extensions of
time for preparation prior to hearing. All complaints alleging a
violation of this chapter or the code of ethics shall be heard within
nine months of the filing of the complaint. Final dispositions of
violations, which the ethics committee has found to have been
established by clear and convincing evidence, shall be made within
thirty days of the conclusion of the hearing on the complaint.
9. The ethics committee of each house shall recommend rules for
adoption by the respective house relating to the confidentiality of a
complaint or information which has been filed or provided to the
committee. Rules adopted shall provide for initial confidentiality
of a complaint, unless the complaint has been publicly disclosed, and
shall permit the ethics committee to treat some or all of the
contents of a complaint or other information as confidential if the
committee finds that the criteria established under section 22.7,
subsection 18, for keeping certain information confidential, are met.
If the existence of a complaint or a preliminary investigation is
made public, the ethics committee shall publicly confirm the
existence of the complaint or preliminary inquiry and, in the ethics
committee's discretion, make public the complaint or investigation
and any documents which were issued to any party to the complaint or
investigation. However, this subsection shall not prevent the
committee from furnishing the complaint or other information to the
appropriate law enforcement authorities at any time. Upon
commencement of a hearing on a complaint, all investigative material
shall be made available to the subject of the hearing and any
material that is introduced at the hearing shall be public
information.
10. The code of ethics and rules relating to lobbyists and
lobbying activities shall not become effective until approved by the
members of the house to which the proposed code and rules apply. The
code or rules may be amended either upon the recommendation of the
ethics committee or by members of the general assembly.
11. Violation of a provision of this chapter or rules adopted
relating to ethical conduct may result in censure, reprimand, or
other sanctions as determined by a majority of the member's house.
However, a member may be suspended or expelled and the member's
salary forfeited only if directed by a two-thirds vote of the
member's house. A suspension, expulsion, or forfeiture of salary
shall be for the duration specified in the directing resolution.
Violation of a rule relating to lobbyists and lobbying activities may
result in censure, reprimand, or other sanctions as determined by a
majority of the members of the house in which the violation occurred.
However, a lobbyist may be suspended from lobbying activities for the
duration provided in the directing resolution only if directed by a
two-thirds vote of the house in which the violation occurred. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 68B.10] Section History: Recent Form
87 Acts, ch 213, § 4--7; 90 Acts, ch 1223, § 14; 90 Acts, ch 1256,
§ 26; 92 Acts, ch 1228, § 13
C93, § 68B.31
93 Acts, ch 163, § 11--13; 2008 Acts, ch 1032, § 201
Referred to in § 22.7, 68B.31A