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Commission on Ethics adopts revised regulations after legislative review
Summary
The Commission on Ethics unanimously approved two changes to its administrative regulations: reverting the definition of “subject” to ‘public officer or employee’ and making rejection of anonymous or defective complaints discretionary to better accommodate whistleblower concerns and legislative preferences.
The Commission on Ethics on the record unanimously approved targeted changes to its administrative regulations intended to improve clarity and respond to concerns raised by a legislative review panel.
Executive Director Armstrong opened the public hearing on the amendments, saying the changes are meant “to update the commission's processes for greater efficiency, to improve customer service, and provide greater transparency.” He told commissioners the legislative commission had expressed concern that broadening the definition of “subject” to ‘‘person’’ could expand the agency’s jurisdiction improperly; staff recommended reverting the definition to say that a subject “means a public officer, or an employee,” rather than the broader term.
On complaint intake, Armstrong told the commission staff had proposed allowing the executive director to reject anonymous or otherwise defective complaints without a full jurisdictional recommendation. Because of legislative concerns about whistleblower protections, he said staff would change language from a mandatory rejection to discretionary language — turning “shall” into “may” — to preserve flexibility while allowing the commission to adapt if the Legislature chooses to expand confidentiality protections later.
Commissioner Langton urged a separate clarification in section 6 about who may administer oaths. “I would strongly recommend that it be a certified court reporter, just to eliminate any kind of challenge to it,” Langton said, citing statutory language he reviewed.
Commissioner Moran moved to adopt the two modifications as discussed and accepted Vice Chair Wallen’s friendly amendment authorizing the executive director to prepare the statement of principal reasons and any documents required by the Administrative Procedures Act. Commissioner Reynolds seconded. The commission approved the motion unanimously by voice vote.
The commission’s action will be resubmitted to the legislative commission for final review and possible adoption; Armstrong said the changes were intended to improve the regulations’ prospects of approval in that forum.
