House Journal: Page 301: Tuesday, February 9, 1999

 9  the committee shall request that the chief justice of

10  the supreme court appoint independent special counsel
11  to investigate the matter and determine whether
12  probable cause exists to believe that a violation of
13  chapter 68B of the Code, the house code of ethics, or
14  the house rules governing lobbyists has occurred.
15     h.  Receipt of report of independent special
16  counsel.  The report from independent special counsel
17  regarding probable cause to proceed on a complaint
18  shall be filed with the chief clerk of the house.
19  Upon receipt of the report of the independent special
20  counsel, the chief clerk shall notify the chairperson
21  of the filing of the report and shall send copies of
22  the report to the members of the ethics committee.  As
23  soon as practicable after the filing of the report,
24  the chairperson shall schedule a public meeting for
25  review of the report.  The purpose of the public
26  meeting shall be to determine whether the complaint
27  should be dismissed, whether a formal hearing should
28  be held on the complaint, or whether other committee
29  action is appropriate.  The complainant and the person
30  alleged to have committed the violation shall be given
Page 12
 1  notice of the public meeting, shall have the right to
 2  be present at the public meeting, and may, at the
 3  discretion of the committee, present testimony in
 4  support of or against the recommendations contained in
 5  the report.
 6     If the committee determines that the matter should
 7  be dismissed, the committee shall cause an order to be
 8  entered dismissing the matter and notice of the
 9  dismissal shall be given to the complainant and the
10  party alleged to have committed the violation.  If the
11  committee determines that the complaint should be
12  scheduled for formal hearing, the committee shall
13  issue a charging statement which contains the charges
14  and supporting facts that are to be set for formal
15  hearing and notice shall be sent to the complainant
16  and the accused person.
17     The notice shall include a statement of the nature
18  of the charge or charges, a statement of the time and
19  place of hearing, a short and plain statement of the
20  facts asserted, and a statement of the rights of the
21  accused person at the hearing.
22     i.  Formal hearing.  Formal hearings shall be
23  public and conducted in the manner provided in section
24  68B.31, subsection 8 of the Code.  At a formal hearing
25  the accused shall have the right to be present and to
26  be heard in person and by counsel, to cross-examine
27  witnesses, and to present evidence.  Members of the

© 1999 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Jul 15 13:40:03 CDT 1999
URL: /DOCS/GA/78GA/Session.1/HJournal/00300/00301.html
jhf