House Journal: Page 224: Tuesday, February 4, 2003
15 complaint meets the requirements for validity and
16 whether the committee should request that the chief
17 justice of the supreme court appoint an independent
18 special counsel to conduct an investigation to
19 determine whether probable cause exists to believe
20 that a violation of the house code of ethics, house
21 rules governing lobbyists, or chapter 68B of the Code,
22 has occurred.
23 If the committee finds that a complaint does not
24 meet the content requirements for a valid complaint,
25 the committee shall dismiss the complaint and notify
26 both the complainant and the party alleged to have
27 committed the violation of the dismissal and the
28 reasons for dismissal. A dismissal for failure to
29 meet the formal requirements for the filing of a
30 complaint shall be without prejudice and the
Page 11
1 complainant may refile the complaint at any time
2 within three years of the date that the alleged
3 violation took place. If the dismissal is based upon
4 a failure to allege facts and circumstances necessary
5 for a valid complaint, the dismissal shall be with
6 prejudice and the party shall not be permitted to file
7 a complaint based upon the same facts and
8 circumstances.
9 g. Request for appointment of independent special
10 counsel. If, after review of the complaint and any
11 response made by the party alleged to have committed
12 the violation, the committee determines that the
13 complaint meets the requirements for form and content,
14 the committee shall request that the chief justice of
15 the supreme court appoint independent special counsel
16 to investigate the matter and determine whether
17 probable cause exists to believe that a violation of
18 chapter 68B of the Code, the house code of ethics, or
19 the house rules governing lobbyists has occurred.
20 h. Receipt of report of independent special
21 counsel. The report from independent special counsel
22 regarding probable cause to proceed on a complaint
23 shall be filed with the chief clerk of the house.
24 Upon receipt of the report of the independent special
25 counsel, the chief clerk shall notify the chairperson
26 of the filing of the report and shall send copies of
27 the report to the members of the ethics committee. As
28 soon as practicable after the filing of the report,
29 the chairperson shall schedule a public meeting for
30 review of the report. The purpose of the public
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League of Women Voters of Iowa
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