Joint Committee Committee on Ethics (02/12/2010)

Final
STAFF SUMMARY OF MEETING

COMMITTEE ON ETHICS

Date:	02/12/2010	ATTENDANCE

Time:	01:34 PM to 02:47 PM	Levy	X
		Riesberg	X
Place:	HCR 0111	Waller	X
		Gerou	X
This Meeting was called to order by		Todd	X
	Representative Todd

This Report was prepared by
	Lauren Sisneros
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
House Ethics Committee		-

01:34 PM -- House Ethics Committee

Representative Todd, Chair, called the third meeting of the House and Ethics Committee to order and provided an overview of the committee's task. She reviewed the agenda for today's meeting (Attachment A). Representative Todd reminded the committee of the February 18, 2010 deadline for the committee to make a recommendation. A letter from Representative King responding to the committee's February 3, 2010 request for additional information was distributed to committee members (Attachment B). Committee members commented on the amount of information the committee has received.

01:40 PM

Representative Todd referred to the original response provided by Representative King (Attachment C) and indicated that his response included information about the amount of miles he traveled for trips to the capitol and back home. The committee discussed allowable mileage reimbursement.

01:45 PM

Representative Waller commented on Representative King's remarks on the House floor today. Representative Todd recommended that the committee focus on the original charge, as discussed in previous meetings. Committee discussion ensued concerning rental car reimbursements.

01:51 PM

Representative Levy clarified that she believes that Representative King's letter does not answer the original question. Representative Todd stated that the evidence shows that Representative King received reimbursement from both the state and his campaign fund. Representative Waller stated that Representative King paid back his campaign account and did not receive a monetary gain from both funds. He added that he interprets "double-dipping" as receiving gains from two sources, which Representative King did not benefit from. Representative Gerou indicated that although she does not agree with in the way Representative King handled the accounting, he covered his expenses to fulfill his duties as a legislator. In addition, she indicated that she does not feel Representative King had an intent to deceive.

01:59 PM

Representative Todd asked the committee to focus on the original charge, determine whether he received reimbursement from more than one source, and to consider the code of ethics. Representative Levy referred to House Rule 49 (Attachment D) and indicated that the committee is charged to determine whether there was an ethical violation. Committee discussion ensued concerning mileage reimbursement from the sate and from campaign accounts.

02:06 PM

Representative Todd commented that public perception is part of the role of legislators. The committee discussed whether or not Representative King made gains from more than one funding source.

02:12 PM

Jennifer Gilroy, Revisor of Statutes, Office of Legislative Legal Services, came to the table to answer questions from committee members. Ms. Gilroy indicated that, in the past, Committees on Ethics have made reports to the Speaker of the House indicating whether a finding of probable cause was found by the committee.

02:15 PM

Representative Levy indicated that she would like to move that a letter be drafted to the Speaker of the House, with a copy provided to Representative King, that the House Committee on Ethics does not find probable cause under House Rule 49 that Representative King did not commit an ethical violation. In addition, she requested that the letter express the Committee's concerns that Representative King keep better records of mileage reimbursement in the future and that he not borrow funds from his campaign account again. Committee discussion ensued concerning ethical violations.


BILL:	House Ethics Committee
TIME:	02:23:44 PM
MOVED:	Levy
MOTION:	Moved to draft a letter to the Speaker of the House of Representatives indicating that the House Ethics Committee finds no probable cause to go forward with a formal investigation of Representative King. There was considerable discussion about the motion and whether the committee's charge has been fulfilled and the content to be included in the letter to Representative King. The motion passed on a 5 to 0 roll call vote.
SECONDED:	Waller
		VOTE
	Levy	Yes
	Riesberg	Yes
	Waller	Yes
	Gerou	Yes
	Todd	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:44 PM

Ms. Gilroy came back to the table to answer questions from committee members regarding the specifics of the letter being drafted to Representative King. She indicated, in the past, Committees on Ethics have drafted one letter to the Speaker of the House that was published in the House Journal. Ms. Gilroy also indicated that the contents of the letter will need to be approved and signed by all members of the House Ethics Committee members.

02:47 PM

The House Committee on Ethics adjourned.