105.955. Ethics commission established--appointment--qualifications--terms--vacancies--removal--r secretary--filings required--investigators--powers and duties of commission--advisory opinions, effect
Ethics commissionestablished--appointment--qualifications--terms--vacancies--removal--rsecretary--filings required--investigators--powers and duties ofcommission--advisory opinions, effect--audits.
105.955. 1. A bipartisan "Missouri Ethics Commission", composed ofsix members, is hereby established. The commission shall be assigned tothe office of administration with supervision by the office ofadministration only for budgeting and reporting as provided by subdivisions(4) and (5) of subsection 6 of section 1 of the Reorganization Act of 1974.Supervision by the office of administration shall not extend to mattersrelating to policies, regulative functions or appeals from decisions of thecommission, and the commissioner of administration, any employee of theoffice of administration, or the governor, either directly or indirectly,shall not participate or interfere with the activities of the commission inany manner not specifically provided by law and shall not in any mannerinterfere with the budget request of or withhold any moneys appropriated tothe commission by the general assembly. All members of the commissionshall be appointed by the governor with the advice and consent of thesenate from lists submitted pursuant to this section. Each congressionaldistrict committee of the political parties having the two highest numberof votes cast for their candidate for governor at the last gubernatorialelection shall submit two names of eligible nominees for membership on thecommission to the governor, and the governor shall select six members fromsuch nominees to serve on the commission.
2. Within thirty days of submission of the person's name to thegovernor as provided in subsection 1 of this section, and in order to be aneligible nominee for appointment to the commission, a person shall file afinancial interest statement in the manner provided by section 105.485 andshall provide the governor, the president pro tempore of the senate, andthe commission with a list of all political contributions and the name ofthe candidate or committee, political party, or continuing committee, asdefined in chapter 130, RSMo, to which those contributions were made withinthe four-year period prior to such appointment, made by the nominee, thenominee's spouse, or any business entity in which the nominee has asubstantial interest. The information shall be maintained by thecommission and available for public inspection during the period of timeduring which the appointee is a member of the commission. In order to bean eligible nominee for membership on the commission, a person shall be acitizen and a resident of the state and shall have been a registered voterin the state for a period of at least five years preceding the person'sappointment.
3. The term of each member shall be for four years, except that ofthe members first appointed, the governor shall select three members fromeven-numbered congressional districts and three members from odd-numbereddistricts. Not more than three members of the commission shall be membersof the same political party, nor shall more than one member be from any oneUnited States congressional district. Not more than two members appointedfrom the even-numbered congressional districts shall be members of the samepolitical party, and no more than two members from the odd-numberedcongressional districts shall be members of the same political party. Ofthe members first appointed, the terms of the members appointed from theodd-numbered congressional districts shall expire on March 15, 1994, andthe terms of the members appointed from the even-numbered congressionaldistricts shall expire on March 15, 1996. Thereafter all successor membersof the commission shall be appointed for four-year terms. Terms ofsuccessor members of the commission shall expire on March fifteenth of thefourth year of their term. No member of the commission shall serve on thecommission after the expiration of the member's term. No person shall beappointed to more than one full four-year term on the commission.
4. Vacancies or expired terms on the commission shall be filled inthe same manner as the original appointment was made, except as provided inthis subsection. Within thirty days of the vacancy or ninety days beforethe expiration of the term, the names of two eligible nominees formembership on the commission shall be submitted to the governor by thecongressional district committees of the political party or parties of thevacating member or members, from the even- or odd-numbered congressionaldistricts, based on the residence of the vacating member or members, otherthan from the congressional district committees from districts thenrepresented on the commission and from the same congressional districtparty committee or committees which originally appointed the member ormembers whose positions are vacated. Appointments to fill vacancies orexpired terms shall be made within forty-five days after the deadline forsubmission of names by the congressional district committees, and shall besubject to the same qualifications for appointment and eligibility as isprovided in subsections 2 and 3 of this section. Appointments to fillvacancies for unexpired terms shall be for the remainder of the unexpiredterm of the member whom the appointee succeeds, and such appointees shallbe eligible for appointment to one full four-year term. If thecongressional district committee does not submit the required two nomineeswithin the thirty days or if the congressional district committee does notsubmit the two nominees within an additional thirty days after receivingnotice from the governor to submit the nominees, then the governor mayappoint a person or persons who shall be subject to the same qualificationsfor appointment and eligibility as provided in subsections 2 and 3 of thissection.
5. The governor, with the advice and consent of the senate, mayremove any member only for substantial neglect of duty, inability todischarge the powers and duties of office, gross misconduct or convictionof a felony or a crime involving moral turpitude. Members of thecommission also may be removed from office by concurrent resolution of thegeneral assembly signed by the governor. If such resolution receives thevote of two-thirds or more of the membership of both houses of the generalassembly, the signature of the governor shall not be necessary to effectremoval. The office of any member of the commission who moves from thecongressional district from which the member was appointed shall be deemedvacated upon such change of residence.
6. The commission shall elect biennially one of its members as thechairman. The chairman may not succeed himself or herself after two years.No member of the commission shall succeed as chairman any member of thesame political party as himself or herself. At least four members arenecessary to constitute a quorum, and at least four affirmative votes shallbe required for any action or recommendation of the commission.
7. No member or employee of the commission, during the person's termof service, shall hold or be a candidate for any other public office.
8. In the event that a retired judge is appointed as a member of thecommission, the judge shall not serve as a special investigator whileserving as a member of the commission.
9. No member of the commission shall, during the member's term ofservice or within one year thereafter:
(1) Be employed by the state or any political subdivision of thestate;
(2) Be employed as a lobbyist;
(3) Serve on any other governmental board or commission;
(4) Be an officer of any political party or political organization;
(5) Permit the person's name to be used, or make contributions, insupport of or in opposition to any candidate or proposition;
(6) Participate in any way in any election campaign; except that amember or employee of the commission shall retain the right to register andvote in any election, to express the person's opinion privately onpolitical subjects or candidates, to participate in the activities of acivic, community, social, labor or professional organization and to be amember of a political party.
10. Each member of the commission shall receive, as full compensationfor the member's services, the sum of one hundred dollars per day for eachfull day actually spent on work of the commission, and the member's actualand necessary expenses incurred in the performance of the member's officialduties.
11. The commission shall appoint an executive director who shallserve subject to the supervision of and at the pleasure of the commission,but in no event for more than six years. The executive director shall beresponsible for the administrative operations of the commission and performsuch other duties as may be delegated or assigned to the director by law orby rule of the commission. The executive director shall employ staff andretain such contract services as the director deems necessary, within thelimits authorized by appropriations by the general assembly.
12. Beginning on January 1, 1993, all lobbyist registration andexpenditure reports filed pursuant to section 105.473, financial intereststatements filed pursuant to subdivision (1) of section 105.489, andcampaign finance disclosure reports filed other than with electionauthorities or local election authorities as provided by section 130.026,RSMo, shall be filed with the commission.
13. Within sixty days of the initial meeting of the first commissionappointed, the commission shall obtain from the clerk of the supreme courtor the state courts administrator a list of retired appellate and circuitcourt judges who did not leave the judiciary as a result of being defeatedin an election. The executive director shall determine those judges whoindicate their desire to serve as special investigators and to investigateany and all complaints referred to them by the commission. The executivedirector shall maintain an updated list of those judges qualified andavailable for appointment to serve as special investigators. Such listshall be updated at least annually. The commission shall refer complaintsto such special investigators on that list on a rotating schedule whichensures a random assignment of each special investigator. Each specialinvestigator shall receive only one unrelated investigation at a time andshall not be assigned to a second or subsequent investigation until allother eligible investigators on the list have been assigned to aninvestigation. In the event that no special investigator is qualified oravailable to conduct a particular investigation, the commission may appointa special investigator to conduct such particular investigation.
14. The commission shall have the following duties andresponsibilities relevant to the impartial and effective enforcement ofsections 105.450 to 105.496 and chapter 130, RSMo, as provided in sections105.955 to 105.963:
(1) Receive and review complaints regarding alleged violation ofsections 105.450 to 105.496 and chapter 130, RSMo, conduct initial reviewsand investigations regarding such complaints as provided herein; refercomplaints to appropriate prosecuting authorities and appropriatedisciplinary authorities along with recommendations for sanctions; andinitiate judicial proceedings as allowed by sections 105.955 to 105.963;
(2) Review and audit any reports and statements required by thecampaign finance disclosure laws contained in chapter 130, RSMo, andfinancial interest disclosure laws or lobbyist registration and reportinglaws as provided by sections 105.470 to 105.492, for timeliness, accuracyand completeness of content as provided in sections 105.955 to 105.963;
(3) Develop appropriate systems to file and maintain an index of allsuch reports and statements to facilitate public access to suchinformation, except as may be limited by confidentiality requirementsotherwise provided by law, including cross-checking of informationcontained in such statements and reports. The commission may enter intocontracts with the appropriate filing officers to effectuate such system.Such filing officers shall cooperate as necessary with the commission asreasonable and necessary to effectuate such purposes;
(4) Provide information and assistance to lobbyists, elected andappointed officials, and employees of the state and political subdivisionsin carrying out the provisions of sections 105.450 to 105.496 and chapter130, RSMo;
(5) Make recommendations to the governor and general assembly or anystate agency on the need for further legislation with respect to theethical conduct of public officials and employees and to advise state andlocal government in the development of local government codes of ethics andmethods of disclosing conflicts of interest as the commission may deemappropriate to promote high ethical standards among all elected andappointed officials or employees of the state or any political subdivisionthereof and lobbyists;
(6) Render advisory opinions as provided by this section;
(7) Promulgate rules relating to the provisions of sections 105.955to 105.963 and chapter 130, RSMo. All rules and regulations issued by thecommission shall be prospective only in operation;
(8) Request and receive from the officials and entities identified insubdivision (6) of section 105.450 designations of decision-making publicservants.
15. In connection with such powers provided by sections 105.955 to105.963 and chapter 130, RSMo, the commission may:
(1) Subpoena witnesses and compel their attendance and testimony.Subpoenas shall be served and enforced in the same manner provided bysection 536.077, RSMo;
(2) Administer oaths and affirmations;
(3) Take evidence and require by subpoena duces tecum the productionof books, papers, and other records relating to any matter beinginvestigated or to the performance of the commission's duties or exerciseof its powers. Subpoenas duces tecum shall be served and enforced in thesame manner provided by section 536.077, RSMo;
(4) Employ such personnel, including legal counsel, and contract forservices including legal counsel, within the limits of its appropriation,as it deems necessary provided such legal counsel, either employed orcontracted, represents the Missouri ethics commission before any stateagency or before the courts at the request of the Missouri ethicscommission. Nothing in this section shall limit the authority of theMissouri ethics commission as provided for in subsection 2 of section105.961; and
(5) Obtain information from any department, division or agency of thestate or any political subdivision reasonably calculated to lead to thediscovery of evidence which will reasonably assist the commission incarrying out the duties prescribed in sections 105.955 to 105.963 andchapter 130, RSMo.
16. (1) Upon written request for an advisory opinion received by thecommission, and if the commission determines that the person requesting theopinion would be directly affected by the application of law to the factspresented by the requesting person, the commission shall issue a writtenopinion advising the person who made the request, in response to theperson's particular request, regarding any issue that the commission canreceive a complaint on pursuant to section 105.957. The commission maydecline to issue a written opinion by a vote of four members and shallprovide to the requesting person the reason for the refusal in writing.The commission shall give an approximate time frame as to when the writtenopinion shall be issued. Such advisory opinions shall be issued no laterthan ninety days from the date of receipt by the commission. Such requestsand advisory opinions, deleting the name and identity of the requestingperson, shall be compiled and published by the commission on at least anannual basis. Advisory opinions issued by the commission shall bemaintained and made available for public inspection and copying at theoffice of the commission during normal business hours. Any advisoryopinion or portion of an advisory opinion rendered pursuant to thissubsection shall be withdrawn by the commission if, after hearing thereon,the joint committee on administrative rules finds that such advisoryopinion is beyond or contrary to the statutory authority of the commissionor is inconsistent with the legislative intent of any law enacted by thegeneral assembly, and after the general assembly, by concurrent resolution,votes to adopt the findings and conclusions of the joint committee onadministrative rules. Any such concurrent resolution adopted by thegeneral assembly shall be published at length by the commission in itspublication of advisory opinions of the commission next following theadoption of such resolution, and a copy of such concurrent resolution shallbe maintained by the commission, along with the withdrawn advisory opinion,in its public file of advisory opinions. The commission shall also send acopy of such resolution to the person who originally requested thewithdrawn advisory opinion. Any advisory opinion issued by the ethicscommission shall act as legal direction to any person requesting suchopinion and no person shall be liable for relying on the opinion and itshall act as a defense of justification against prosecution. An advisoryopinion of the commission shall not be withdrawn unless:
(a) The authorizing statute is declared unconstitutional;
(b) The opinion goes beyond the power authorized by statute; or
(c) The authorizing statute is changed to invalidate the opinion.
(2) Upon request, the attorney general shall give the attorneygeneral's opinion, without fee, to the commission, any elected official ofthe state or any political subdivision, any member of the general assembly,or any director of any department, division or agency of the state, uponany question of law regarding the effect or application of sections 105.450to 105.496, or chapter 130, RSMo. Such opinion need be in writing onlyupon request of such official, member or director, and in any event shallbe rendered within sixty days that such request is delivered to theattorney general.
17. The state auditor and the state auditor's duly authorizedemployees who have taken the oath of confidentiality required by section29.070, RSMo, may audit the commission and in connection therewith mayinspect materials relating to the functions of the commission. Such auditshall include a determination of whether appropriations were spent withinthe intent of the general assembly, but shall not extend to review of anyfile or document pertaining to any particular investigation, audit orreview by the commission, an investigator or any staff or person employedby the commission or under the supervision of the commission or aninvestigator. The state auditor and any employee of the state auditorshall not disclose the identity of any person who is or was the subject ofan investigation by the commission and whose identity is not publicinformation as provided by law.
18. From time to time but no more frequently than annually thecommission may request the officials and entities described in subdivision(6) of section 105.450 to identify for the commission in writing thosepersons associated with such office or entity which such office or entityhas designated as a decision-making public servant. Each office or entitydelineated in subdivision (6) of section 105.450 receiving such a requestshall identify those so designated within thirty days of the commission'srequest.
(L. 1991 S.B. 262 § 1, A.L. 1994 S.B. 650, A.L. 1995 H.B. 484, et al., A.L. 1996 S.B. 501, A.L. 1997 S.B. 16, A.L. 1999 S.B. 31 & 285)