Date: 03/02/2006

Final
Review of Standards for "Probable Cause"

SENATE COMMITTEE ON ETHICS COMMITTEE

Votes: View--> Action Taken:
Moved to permit Senator Hanna's attorney to reviewPASS


10:33 AM -- Review of Standards for "Probable Cause"

Ms. Eubanks returned to the table to respond to questions about the potential avenues for investigation. She said that Senate Rule 43 has only been in place since 2000 and is fairly sparse in guidance for the committee's preliminary investigation. She said that if there is a second stage of the committee's work, if probable cause is found that an ethical violation has occurred, the committee's proceedings may include an evidentiary hearing. Ms. Eubanks reminded the committee that Senate Rule 43 specifically precludes, during the preliminary investigation, testimony or consideration of evidence other than that requested by the committee.

10:35 AM

Senator Veiga asked Ms. Eubanks to respond to questions regarding open meetings law. Ms. Eubanks said that there are a few exceptions to open meetings of public bodies, but that the exception for investigations of or proceedings against employees specifically exempts "elected officials." Senator Windels raised questions regarding Senate Rule 43's reference to the committee not receiving evidence from "other sources." Ms. Eubanks said one interpretation of this language would be that the committee is precluded from receiving any evidence other than from a source from which the committee has specifically requested information.


10:38 AM

Senator Veiga returned to the question of Senator Hanna's attorney's request to review and respond to evidence received by the committee. She discussed the potential time frame suggested in the work plan document.
BILL:Review of Evidence
TIME: 10:40:02 AM
MOVED:Grossman
MOTION:Moved to permit Senator Hanna's attorney to review and respond to the evidence the committee requests after it is has been received. The evidence will be available for review and a response the week of March 13th. The motion passed on a 5-0 roll call vote.
SECONDED:
VOTE
Grossman
Yes
Teck
Yes
Windels
Yes
Johnson
Yes
Veiga
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




10:41 AM

Ms. Eubanks walked the committee through a document outlining standards for finding "probable cause." A memorandum on this issue was distributed to the committee (Attachment H). Ms. Eubanks discussed the fact that Senate Rule 43 does not define "probable cause," so application of this standard, normally used in a criminal proceeding, may be difficult to put into a legislative context. In a criminal context, the standard "requires evidence sufficient to induce a person of ordinary prudence and caution to a reasonable belief that the defendant committed the crimes charged." She indicated that the committee might approach materials before it and to use the preliminary investigation as a screening device, even though the evidence may include "hearsay" and might be inadmissible in a criminal proceeding, and to evaluate whether the evidence leads to a reasonable belief that Senator Hanna violated any constitutional or statutory provisions or any legislative rules or other legislative standards of conduct.


10:46 AM

Ms. Eubanks responded to questions regarding identification of provisions that might have been violated. Ms. Eubanks indicated that background information identifying legislative standards of conduct could be prepared for the committee.


10:47 AM

In response to a question about future meetings, Senator Veiga said Senator Hanna's response would be available on Monday and discussed the need for future meetings. The committee discussed the fact that there could be a need for a meeting prior to preparation of a staff report, but that a meeting would be normally be scheduled after the preparation of this report the week of March 20. Senator Veiga indicated that a committee member could come to her with a request to hold a meeting before that time. Senator Veiga indicated the committee would provided with information from staff as it becomes available.

10:52 AM

The committee recessed.