6111-S AMS SMIL S4969.2

6111-S AMS SMIL S4969.2

SSB 6111 - S AMD

By Senator L. Smith

NOT ADOPTED 2/12/94 - ROLL CALL 14-31

On page 3, line 28, after "conduct" strike all material through "executive ethics board" on line 29 and insert "and the citizens' commission on governmental ethics"

SSB 6111 - S AMD

By Senator

On page 18, after line 15, strike all material through "chapter." on page 22, line 22 and insert the following:

"NEW SECTION. Sec. 201. CITIZENS' COMMISSION ON GOVERNMENTAL ETHICS. (1) The citizens' commission on governmental ethics is created.

(2) The commission shall be composed of thirteen members, selected as follows:

(a) The secretary of state shall select nine of the thirteen members by lot from among those registered voters eligible to vote at the general election held in November 1993, and thereafter from among those registered voters eligible to vote at the time of the selection. One member shall be selected from each congressional district. The secretary of state shall notify persons selected. If a selected person declines appointment to the commission, the secretary of state shall select a new person. The secretary of state shall forward the names of persons selected to the governor who shall appoint these persons to the commission. The secretary of state shall establish policies and procedures for conducting the selection by lot. The policies and procedures shall include, but not be limited to, those for notifying persons selected and for providing a new selection for a congressional district if a person selected from the district declines appointment to the commission.

(b) The governor shall appoint (i) one person who is a former judge and who is retired from the Washington state judicial system and (ii) one person who is a former member of the state legislature.

(c) The lieutenant governor shall appoint (i) one person who is a former judge and who is retired from the Washington state judicial system and (ii) one person who is a former member of the state legislature.

(3) No person shall be eligible to serve on the commission who has been convicted of a felony or gross misdemeanor.

(4) Persons appointed to the commission as former members of the state legislature shall not have an identification with the same political party.

(5) Except for initial members and members completing partial terms, members of the commission shall serve five-year terms. Each member of the commission shall serve for the term of his or her appointment and until his or her successor is appointed.

(6) Terms of initial commission members shall be staggered as follows:

(a) The member selected by lot from the first congressional district shall serve a one-year term; the members selected by lot from the second and third congressional districts shall each serve a two-year term; the members selected by lot from the fourth and fifth congressional districts shall each serve a three-year term; the members selected by lot from the sixth and seventh congressional districts shall each serve a four-year term; and the members selected by lot from the eighth and ninth congressional districts shall each serve a five-year term.

(b) The former judge and former member of the state legislature appointed by the governor shall each serve a two-year term.

(c) The former judge and former member of the state legislature appointed by the lieutenant governor shall each serve a five-year term.

(7) Any member of the commission may be removed by the governor, but only upon grounds of incapacity, incompetence, neglect of duty, or misconduct in office or for a disqualifying change of residence.

(8) Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term. The selection and appointment shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as originally provided. A vacancy shall not impair the powers of the remaining members to exercise all of the powers of the commission.

(9) Except as provided otherwise in this section, the commission shall be solely responsible for its own organization, operation, and action. Members of the commission shall annually elect a chairperson from among the nine members selected by lot by the secretary of state.

(10) Seven members of the commission shall constitute a quorum.

(11) Except as provided in section 213 of this act, the attorney general shall provide staff assistance to the commission.

(12) Members of the commission shall receive no compensation for their services, but shall be eligible to receive a subsistence allowance and travel expenses pursuant to RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 202. AUTHORITY OF CITIZENS' COMMISSION ON GOVERNMENTAL ETHICS. (1) The citizens' commission on governmental ethics shall hear all matters related to the statutes, rules, and policies that establish standards of ethical conduct for members and employees of the state legislature, state-wide elected officers, and all other officers and employees in the executive branch, boards and commissions, and institutions of higher education. Subject to the limitations in section 222 of this act, the citizens' commission on governmental ethics has jurisdiction over matters involving any alleged violation occurring before January 1, 1995, based on the statutes, rules, and policies in effect at the time of the violation.

(2) The citizens' commission on governmental ethics shall:

(a) Develop educational materials and training;

(b) Adopt rules or policies, including but not limited to defining working hours;

(d) Investigate, hear, and determine complaints by any person or on its own motion;

(e) Impose sanctions including reprimands and monetary penalties;

(f) Recommend to the appropriate authorities suspension, removal from position, prosecution, or other appropriate remedy; and

(g) Establish criteria regarding the levels of civil penalties appropriate for violations of this chapter and rules and policies adopted under it.

(3) The citizens' commission on governmental ethics may:

(a) Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under examination by the citizens' commission on governmental ethics or involved in any hearing;

(b) Administer oaths and affirmations;

(d) Receive evidence.

(4) The citizens' commission on governmental ethics may review and approve agency policies as provided for in this chapter.

(5) This section does not apply to state officers and state employees of the judicial branch.

NEW SECTION. Sec. 203. TRANSFER OF JURISDICTION TO CITIZENS' COMMISSION ON GOVERNMENTAL ETHICS. On the effective date of this section, any complaints or other matters under investigation or consideration by the boards of legislative ethics in the house of representatives and the senate operating pursuant to chapter 44.60 RCW shall be transferred to the citizens' commission on governmental ethics. All files, including but not limited to minutes of meetings, investigative files, records of proceedings, exhibits, and expense records, shall be transferred to the citizens' commission on governmental ethics pursuant to their direction and the citizens' commission on governmental ethics shall assume full jurisdiction over all pending complaints, investigations, and proceedings.

NEW SECTION. Sec. 204. POLITICAL ACTIVITIES OF MEMBERS OF CITIZENS' COMMISSION ON GOVERNMENTAL ETHICS. No member of the citizens' commission on governmental ethics may (1) hold or campaign for partisan elective office other than the position of precinct committeeperson, or any full-time nonpartisan office; (2) be an officer of any political party or political committee as defined in chapter 42.17 RCW other than the position of precinct committeeperson; (3) permit his or her name to be used, or make contributions, in support of or in opposition to any state candidate or state ballot measure; or (4) lobby or control, direct, or assist a lobbyist except that such member may appear before any committee of the legislature on matters pertaining to this chapter.

NEW SECTION. Sec. 205. APPOINTMENT OF INITIAL MEMBERS OF CITIZENS' COMMISSION ON GOVERNMENTAL ETHICS. The members of the citizens' commission on governmental ethics shall be appointed no later than October 1, 1994. Notwithstanding the authority granted to the commission by section 202 of this act, until January 1, 1995, the authority of the commission shall be limited to conducting meetings and incurring expenses solely for administrative and organizational purposes.

This section shall expire January 1, 1995.

NEW SECTION. Sec. 206. AUTHORITY OF COMMISSION ON JUDICIAL CONDUCT. The commission on judicial conduct shall enforce this chapter and rules and policies adopted under it with respect to state officers and employees of the judicial branch and may do so according to procedures prescribed in Article IV, section 31 of the state Constitution. In addition to the sanctions authorized in Article IV, section 31 of the state Constitution, the commission may impose sanctions authorized by this chapter."

Renumber the remaining sections consecutively and correct any internal references accordingly.

SSB 6111 - S AMD

By Senator

On page 28, beginning on line 4, strike all of section 224