Date: 03/07/2006
Final
House Ethics Committee - Organizational Meeting
HOUSE COMMITTEE ON ETHICS
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01:10 PM -- House Ethics Committee - Organizational Meeting
Representative Weissmann, Chairman, provided an overview of the committee's task. He reviewed the agenda for today's organizational meeting (Attachment A), and discussed a proposed time line for the activities of House Ethics Committee (Attachment B). He stated that the committee will be working from the original complaint of possible violations of criminal misconduct (Attachment C). He asked that a memorandum prepared by the Office of Legislative Legal Services be distributed which outlines possible sources and types of written evidence related to the ethics complaint that may be relevant for the committee's preliminary investigation (Attachment D). He asked the committee whether a 5-year historical overview of leadership per diem would be helpful. It was determined that this type of historical overview would be useful. Representative Hoppe asked for detail about what sort of e-mails would be accessible from Legislative Council.
Representative Weissmann stated that the committee does not need to know the personal details of Representative Stengel's activities, rather just details about the per diem payments. Representative Hoppe asked whether the committee would have the right to access a member's personal e-mail account. It was determined that any e-mails would be those that originated from Legislative Council. Representative Marshall asked whether, after receiving Representative Stengel's response, additional requests for information can be made. Representative Weissmann stated that this list of desired documentation is not closed after today's meeting. He again reiterated that personal e-mails would not be requested, rather e-mails related to the issue raised in the complaint.
01:20 PM
The committee discussed the issue of requesting information from Representative Stengel. Representative Weissmann mentioned that the committee has subpoena power, but that it is his preference to never use that power.
The committee continued walking through the memorandum and discussed whether House minority staff should be called upon. Representative Weissmann added an additional item not in the memorandum - any information about time Representative Stengel spent campaigning on Referenda C and D. Representative Hoppe expressed concern that the complaint is all based on newspaper articles. The committee discussed possibly running a search of newspaper articles, but then questioned whether these would all be factual. It was determined that staff would search for newspaper articles related to the complaint. Representative Hoppe asked for verification of factual items such as speaking engagements that are referenced in the articles. Representative Weissmann stated that Representative Stengel's response could likely address those engagements.
The committee agreed to go forward with the list of evidence, with the addition of a newspaper search.
01:30 PM
Representative Weissmann passed out a proposed letter for the committee members to sign that would ask the other 60 House members to honor the activities of the House Committee and refrain from engaging the committee members in conversation about the activities of the committee (Attachment E). The committee members agreed to sign the letter.
01:33 PM
Sharon Eubanks, Deputy Director, Office of Legislative Legal Services, came to the table to discuss the issue of probable cause. She first asked for some clarification from the committee about the evidence being requested. She asked that the committee consider putting a deadline in the request letters so that the parties would know when the materials were due. Representative Weissmann stated that Friday, March 17, 2006, would be the deadline for people to respond to the requests for evidence. He added that this will allow the committee to meet soon thereafter.
Ms. Eubanks continued with a discussion of probable cause. She referenced a memorandum that was provided to the members (Attachment F). She stated that a finding of probable cause will determine whether the proceedings go forward. Representative Weissmann stated that determining probable cause is what the committee will need for the first 30 days. A memorandum addressing open meeting and open records in ethics investigations was also distributed to the committee (Attachment G).
Representative Weissmann requested that OLLS provide the committee with the relevant sections of statute related to per diem payments.
The committee set Monday, March 13, 2006, as the deadline for Representative Stengel to respond. If a response is received, Representative Weissmann proposed holding a meeting of the House Ethics Committee on Tuesday, March 14, 2006, then meeting again the following Monday, March 20, 2006, to review evidence received on the March 17 deadline. He added that a staff report is due on Tuesday, March 28, 2006. The meeting on Tuesday, March 14 will only be held if a response is received from Representative Stengel.
01:41 PM
The House Committee on Ethics adjourned.