House Journal: Page 283: Tuesday, February 6, 2001
4 for a valid complaint, the dismissal shall be with
5 prejudice and the party shall not be permitted to file
6 a complaint based upon the same facts and
7 circumstances.
8 g. Request for appointment of independent special
9 counsel. If, after review of the complaint and any
10 response made by the party alleged to have committed
11 the violation, the committee determines that the
12 complaint meets the requirements for form and content,
13 the committee shall request that the chief justice of
14 the supreme court appoint independent special counsel
15 to investigate the matter and determine whether
16 probable cause exists to believe that a violation of
17 chapter 68B of the Code, the house code of ethics, or
18 the house rules governing lobbyists has occurred.
19 h. Receipt of report of independent special
20 counsel. The report from independent special counsel
21 regarding probable cause to proceed on a complaint
22 shall be filed with the chief clerk of the house.
23 Upon receipt of the report of the independent special
24 counsel, the chief clerk shall notify the chairperson
25 of the filing of the report and shall send copies of
26 the report to the members of the ethics committee. As
27 soon as practicable after the filing of the report,
28 the chairperson shall schedule a public meeting for
29 review of the report. The purpose of the public
30 meeting shall be to determine whether the complaint
Page 12
1 should be dismissed, whether a formal hearing should
2 be held on the complaint, or whether other committee
3 action is appropriate. The complainant and the person
4 alleged to have committed the violation shall be given
5 notice of the public meeting, shall have the right to
6 be present at the public meeting, and may, at the
7 discretion of the committee, present testimony in
8 support of or against the recommendations contained in
9 the report.
10 If the committee determines that the matter should
11 be dismissed, the committee shall cause an order to be
12 entered dismissing the matter and notice of the
13 dismissal shall be given to the complainant and the
14 party alleged to have committed the violation. If the
15 committee determines that the complaint should be
16 scheduled for formal hearing, the committee shall
17 issue a charging statement which contains the charges
18 and supporting facts that are to be set for formal
19 hearing and notice shall be sent to the complainant
20 and the accused person.
21 The notice shall include a statement of the nature
22 of the charge or charges, a statement of the time and
© 2001 Cornell College and
League of Women Voters of Iowa
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