State Ethics Commission warns conflicts among commissioners are stalling probable‑cause hearings, seeks temporary substitute process

Megan Dawson, director of the State Ethics Commission, told a legislative subcommittee that conflicts of interest among current commissioners have created procedural barriers to presenting probable-cause findings in some investigations, and she asked the legislature for authority to use previously screened former commissioners as temporary substitutes.

"We cannot present cases for probable cause because a number of our commissioners have conflicts with the individuals involved," Dawson said, describing a situation in which the commission lacks the six commissioners required under the Ethics Act to find probable cause. She said the commission currently has seven seated members and one vacancy, and noted instances where multiple conflicts prevent proceeding.

Dawson asked for a limited proviso change to allow the commission to bring back former commissioners who have already been screened and trained under the current Ethics Act to sit on probable-cause panels in those constrained situations. She acknowledged confidentiality concerns for matters where probable cause has not been found and told senators the commission wants a process that prevents perceptions of partisanship or bias.

On enforcement and staffing, Dawson reported the disclosures department assisted more than 6,000 required filers; staff presented 108 ethics complaints for probable cause and the legal department concluded probable cause in about 96 matters. The noncompliance unit opened roughly 1,800 cases. The commission is requesting an $82,452 increase to other-funds authorization to raise its cap to $600,000 so staff will not need to seek additional authorization from the budget office when reaching that threshold.

In questions, senators pressed for safeguards to preserve bipartisan fairness and asked how a random-selection process for substitute commissioners would be handled; Dawson described staff's blind drawing process for hearing commissioners and said the commission is open to crafting clearer statutory language. She also explained collection mechanisms for fines — referral to the Department of Revenue, county filings tied to property sales — and noted limits on collection where respondents lack income or sell no property.

The committee thanked the commission for raising the issue and said members would pursue follow-up conversations to develop proviso language that reduces partisan risk while addressing enforcement delays.