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Ethics committee adopts amended rules, advances statutory changes including subpoena authority
Summary
The Select Committee on Legislative Ethics adopted amendments to its Rules of Procedure and reviewed proposed statutory updates including adding the committee to the subpoena-exempt list, expanding Ombudsman exemptions to public members and staff, clarifying whistleblower protections, and postponing immediate changes to mass-mailing rules for further study.
The Select Committee on Legislative Ethics on Nov. 21 approved amended Rules of Procedure and advanced a package of proposed statutory changes for formal drafting by Legislative Legal Services.
Chair Joyce Anderson summarized revisions to Sections 1–12 of the Rules of Procedure, which address complaint-related procedures, appointment options for an Acting Interim Administrator, background checks for new Ethics Office employees, confidentiality acknowledgments and updated language for the use of teleconference and online technology. The committee agreed to remove or soften several procedural words (for example, striking a requirement that original complaints be forwarded "immediately") and to maintain the public nature of adopted rules.
Conner Thomas moved to approve the amended Rules of Procedure "as presented." The motion passed with no objections.
On statutory changes, the committee reviewed draft language produced by Senator Tobin's office and recommended converting the materials into a formal legislative work draft. The Chair and members discussed several proposed statutory clarifications: adding the Select Committee on Legislative Ethics to the list of entities authorized to issue subpoenas without concurrence of the Senate President or House Speaker; expanding Ombudsman exemptions to include public members and Ethics Office employees; clarifying whistleblower protections (which currently apply to legislators and legislative employees but not to members of the public); and formalizing documentation requirements for travel-related gifts to demonstrate a primary legislative purpose.
Representative Kevin McCabe raised timing and email-definition concerns about a proposed removal of the 60-day office-allowance exemption for mass mailings, noting the blackout period often coincides with end-of-session communications. The committee agreed to remove that change from the current draft and to revisit mass-mailing rules after further study, including the definition of email and consideration of fairness between incumbents and challengers.
Senator Gary Stevens and other members discussed the statutory ambiguity around subpoena issuance and agreed that adding the Ethics Committee to the exempt list would clarify its independent investigatory function. Mr. Dan Wayne asked that materials submitted for committee review be converted to formal legislative work-draft formatting before further consideration.
The committee directed staff to submit the revised materials to Legislative Legal Services and scheduled follow-up drafting and review as needed.
