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House Journal: Page 276: Monday, February 6, 1995

    Page 13
 1  witnesses, and to present evidence.  Members of the
 2  committee shall also have the right to question
 3  witnesses.
 4     Evidence at the formal hearing shall be received in
 5  accordance with rules and procedures applicable to
 6  contested cases under chapter 17A of the Code.
 7     The committee chairperson, or the vice chairperson
 8  or ranking member in the absence of the chairperson,
 9  shall preside at the formal hearing and shall rule on
10  the admissibility of any evidence received.  The
11  ruling of the chairperson may be overturned by a
12  majority vote of the committee.  Independent special
13  counsel shall present the evidence in support of the
14  charge or charges.  The burden shall be on the
15  independent special counsel to prove the charge or
16  charges by a preponderance of clear and convincing
17  evidence.  Upon completion of the formal hearing, the
18  committee shall adopt written findings of fact and
19  conclusions concerning the merits of the charges and
20  make its report and recommendation to the house.
21     j.  Recommendations by the committee.  The
22  committee shall recommend to the house that the
23  complaint be dismissed, or that one or more of the
24  following be imposed:
25     (1)  That the member or employee of the house or
26  lobbyist be censured or reprimanded, and the
27  recommended appropriate form of censure or reprimand
28  be used.
29     (2)  That the member of the house be suspended or
30  expelled from membership in the house and required to
    Page 14
 1  forfeit the member's salary for that period, the
 2  employee of the house be suspended or dismissed from
 3  employment, or that the lobbyist's or lobbyist's
 4  client's lobbying privileges be suspended.
 5     13.  COMMUNICATIONS WITH ETHICS COMMITTEE.  After a
 6  complaint has been filed or an investigation has been
 7  initiated, a party to the complaint or investigation
 8  shall not communicate, or cause another to
 9  communicate, as to the merits of the complaint or
10  investigation with a member of the committee, except
11  under the following circumstances:
12     a.  During the course of any meetings or other
13  official proceedings of the committee regarding the
14  complaint or investigation.
15     b.  In writing, if a copy of the writing is
16  delivered to the adverse party or the designated
17  representative for the adverse party.
18     c.  Orally, if adequate prior notice of the
19  communication is given to the adverse party or the

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/00200/00276.html
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