Date: 11/19/2013

Final
Consideration of the Joint Rule 36 Report

COMMITTEE ON EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL

Votes: View--> Action Taken:
Move that the Executive Committee dismiss the clai
Move that the Executive Committee go into executiv
Move that the Executive Committee go into executiv		PASS
PASS
PASS



09:15 AM -- Consideration of the Joint Rule 36 Report

President Pro Tempore Guzman discussed what the role of the committee was when considering the Final Report of the Committee Designated to Investigate the Complaint Filed Pursuant to Rule 36 of the Senate and House of Representatives (Attachment D). The committee discussed whether there was sufficient evidence that there was a violation of Joint Rule 36, the possible effect of issuing a subpoena to Mr. Joe Neville, and how the various decisions the committee could make would affect the future decorum in the General Assembly.

131119 AttachD.pdf131119 AttachD.pdf

09:30 AM

Sharon Eubanks and Jennifer Gilroy, Office of Legislative Legal Services, came to the table to answer questions from the committee about the subpoena power of the Executive Committee and what options the committee may have depending on whether it finds there was a violation of Joint Rule 36. Ms. Eubanks stated that the Executive Committee may ask the General Assembly for subpoena power during the legislative session or the Legislative Council during the interim.

09:40 AM

Ms. Gilroy stated that it is the Executive Committee's role to take action on the complaint using the factors listed in Joint Rule 36. She responded to questions from the committee about the available sanction options available should the committee find a violation occurred and whether the committee could issue sanctions without finding that there was a violation of Joint Rule 36.

09:50 AM

The committee discussed the information contained in the report and whether the available information indicated that a violation of Joint Rule 36 occurred.


10:00 AM

Ms. Eubanks and Ms. Gilroy responded to questions from the committee regarding the issuance of sanctions without finding a violation of Joint Rule 36 occurred and suggested that the committee go into executive session for the purpose of receiving legal advice for a specific legal question.
BILL:Consideration of the Joint Rule 36 Report
TIME: 10:06:31 AM
MOVED:Ferrandino
MOTION:Move that the Executive Committee go into executive session under Section 24-6-402 (4)(d), C.R.S. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Cadman
Yes
DelGrosso
Yes
Heath
Yes
Hullinghorst
Yes
Ferrandino
Yes
Guzman
Yes
YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


10:07 AM

The committee recessed.

10:07 AM

The committee reconvened. President Pro Tempore Guzman noted that the committee would consider the agenda items requiring executive sessions in separate executive sessions.

BILL:Consideration of the Joint Rule 36 Report
TIME: 10:10:04 AM
MOVED:Ferrandino
MOTION:Move that the Executive Committee go into executive session for the purpose of receiving legal advice for specific legal questions under Section 24-6-402 (3)(a)(II), C.R.S.. The motion passed on a vote of 5-0, with one member excused.
SECONDED:
VOTE
Cadman
Yes
DelGrosso
Yes
Heath
Excused
Hullinghorst
Yes
Ferrandino
Yes
Guzman
Yes
YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


10:59 AM

The committee came out of executive session and immediately recessed.

11:14 AM

The committee reconvened.

11:14 AM

The committee members voiced their opinions regarding whether there was sufficient evidence to find that a violation of Joint Rule 36 occurred. Following committee discussion, Speaker Ferrandino stated that he believes the committee should dismiss the claim that a violation of Joint Rule 36 occurred, but that the committee should send a letter to Mr. Neville indicating their disappointment in his conduct. Ms. Gilroy stated that the Office of Legislative Legal Services would prepare and distribute a draft of the letter for the committee's input and approval.

BILL:Consideration of the Joint Rule 36 Report
TIME: 11:22:41 AM
MOVED:Ferrandino
MOTION:Move that the Executive Committee dismiss the claim that there was a violation of Joint Rule 36 and that the Executive Committee send a letter to Mr. Neville regarding his conduct. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Cadman
Yes
DelGrosso
Yes
Heath
Yes
Hullinghorst
Yes
Ferrandino
Yes
Guzman
Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS