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House Journal: Page 321: Monday, February 17, 1997

19  has occurred.
20     If the committee finds that a complaint does not
21  meet the content requirements for a valid complaint,
22  the committee shall dismiss the complaint and notify
23  both the complainant and the party alleged to have
24  committed the violation of the dismissal and the
25  reasons for dismissal.  A dismissal for failure to
26  meet the formal requirements for the filing of a
27  complaint shall be without prejudice and the
28  complainant may refile the complaint at any time
29  within three years of the date that the alleged
30  violation took place.  If the dismissal is based upon

Page  11

 1  a failure to allege facts and circumstances necessary
 2  for a valid complaint, the dismissal shall be with
 3  prejudice and the party shall not be permitted to file
 4  a complaint based upon the same facts and
 5  circumstances.
 6     g.  Request for appointment of independent special
 7  counsel.  If, after review of the complaint and any
 8  response made by the party alleged to have committed
 9  the violation, the committee determines that the
10  complaint meets the requirements for form and content,
11  the committee shall request that the chief justice of
12  the supreme court appoint independent special counsel
13  to investigate the matter and determine whether
14  probable cause exists to believe that a violation of
15  chapter 68B of the Code, the house code of ethics, or
16  the house rules governing lobbyists has occurred.
17     h.  Receipt of report of independent special
18  counsel.  The report from independent special counsel
19  regarding probable cause to proceed on a complaint
20  shall be filed with the chief clerk of the house.
21  Upon receipt of the report of the independent special
22  counsel, the chief clerk shall notify the chairperson
23  of the filing of the report and shall send copies of
24  the report to the members of the ethics committee.  As
25  soon as practicable after the filing of the report,
26  the chairperson shall schedule a public meeting for
27  review of the report.  The purpose of the public
28  meeting shall be to determine whether the complaint
29  should be dismissed, whether a formal hearing should
30  be held on the complaint, or whether other committee

Page  12

 1  action is appropriate.  The complainant and the person
 2  alleged to have committed the violation shall be given
 3  notice of the public meeting, shall have the right to
 4  be present at the public meeting, and may, at the
 5  discretion of the committee, present testimony in

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Tue Feb 18 13:40:03 CST 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/00300/00321.html
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