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Committee approves SOP amendments to allow summary dismissal and require vote before inquiries
Summary
The Joint Legislative Committee on Ethical Standards approved amendments to its Standard Operating Procedures to add a standard-of-review for jurisdictional questions, allow summary dismissal with chair and vice-chair consent, and require a committee vote before initiating preliminary inquiries.
The Joint Legislative Committee on Ethical Standards approved amendments Feb. 18 to its Standard Operating Procedures that create a jurisdictional standard of review, permit summary dismissal of certain complaints with the chair and vice chair's consent, and require a committee vote before moving complaints into the preliminary inquiry phase.
Counsel Gabe Neville outlined three elements of the proposed amendment: (1) a standard of review for jurisdictional questions that requires some tangible evidence to establish jurisdiction, (2) a summary-dismissal mechanism for clearly meritless complaints that requires consent of the chair and vice chair and notice to all members, and (3) a requirement that the full joint committee vote before counsel proceeds to a preliminary inquiry.
“Summary dismissal will permit certain kinds of meritless complaints to be dismissed without being scheduled for a vote by the full committee,” counsel Gabe Neville said, describing categories eligible for summary dismissal as those that are clearly untimely, concerns only an appearance-of-impropriety about legislative enactment, show an intent to harass through repeated filings, or provide no tangible evidence to support the allegation.
Committee members discussed practical elements of implementation, including how and when notice would be provided to a legislator named in a complaint. A member asked whether accused legislators would be notified if a complaint were subject to summary dismissal; counsel and the chair said the subject would receive notice under the SOP but that protocols for the timing and form of notice in a summary-dismissal scenario would be worked out with the chair.
Proponents said the changes would reduce the committee’s workload by filtering out clearly untimely or baseless complaints before counsel expends resources on preliminary inquiries and before respondents feel pressured to retain counsel. Opponents did not request changes during the meeting; the committee voted to adopt the amendments.
The roll call on the motion to approve the SOP changes recorded yes votes from Mister Billick, Chairman Mayo, Mister Mitsner, Assemblywoman Quigley, Mister Salerno, Vice Chairman Scrivo and Miss Weisberg; Mister Toscano was absent. The motion carried.
