Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Ethics Hearing Procedures topic
No spam. Unsubscribe anytime.
Muncie Ethics Commission adopts formal public-hearing procedures
Summary
At its April meeting the Muncie Ethics Commission voted unanimously to adopt written procedures for public hearings that narrow discovery to written requests, require separated witnesses, and rename the post-hearing document to "proposed findings of fact and conclusions of law."
At its April meeting, the Muncie Ethics Commission voted to adopt a set of written procedures for public hearings to govern how the commission will handle hearings on ethics complaints.
The move, approved by voice vote with all five commissioners present saying “yes,” formalizes several changes recommended by the city attorney and narrows the scope of evidence-gathering. The procedures limit discovery to written interrogatories and document production, require that witnesses be separated while testifying, and change the post-hearing submission from a “suggested decision” to a “proposed findings of fact and conclusions of law.”
The chair of the commission described the changes as largely technical and said the city attorney, Aubrey Christ, provided guidance and suggested language. According to the chair, the commission removed references to broader discovery methods used in Indiana trial procedure as unnecessary for the kinds of complaints the commission expects to handle. “We have limited the methods of discovery,” the chair said.
The procedures also name the chair as the presiding officer for hearings but allow the chair to nominate another commission member as presiding officer in particular cases. The chair said that approach reflects past local-government practice and the commission’s expectation that hearings will be rare, with many complaints resolving short of a hearing.
The adoption was taken by voice vote. Commissioners recorded on the vote were Chip Taylor (yes), Susan Dillon (yes), W.C. Edwards (yes), Sandra Whitaker (yes) and Jim Lowe (yes). The chair announced the motion carried.
Other housekeeping actions at the meeting included approval of the minutes from the previous meeting by voice vote and the meeting’s adjournment on a motion that passed without dissent.
The commission plans to use the new hearing procedures for future complaint hearings and to rely on staff and the city attorney for procedural questions and redaction review when complaints are released as public records.
