HB1358 (2006) Detail

Establishing an investigatory commission for unethical conduct in state government.


HB 1358 – AS INTRODUCED

2006 SESSION

06-2422

05/10

HOUSE BILL 1358

AN ACT establishing an investigatory commission for unethical conduct in state government.

SPONSORS: Rep. Buzzell, Coos 4

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes an investigatory commission for unethical conduct in state government.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2422

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT establishing an investigatory commission for unethical conduct in state government.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; State Government Investigatory Commission. Amend RSA by inserting after chapter 17-Q the following new chapter:

CHAPTER 17-R

STATE GOVERNMENT INVESTIGATORY COMMISSION

17-R:1 State Government Investigatory Commission. A state government investigatory commission may be formed to investigate allegations of unethical or improper conduct within a state agency as provided in this chapter.

I. A member of the general court shall present a petition, signed by at least one third of the members of each legislative body, to the office of the governor. The petition shall request the formation of a commission to investigate allegations of unethical or improper conduct within a particular state agency.

II. The commission shall be comprised of the following members:

(a) The governor, or the governor’s designee, who shall serve a chair of the commission.

(b) Three members of the house of representatives, 2 of whom shall be appointed by the speaker of the house of representatives and one of whom shall be appointed by the house minority leader.

(c) Three members of the senate, 2 of whom shall be appointed by the president of the senate and one of whom shall be appointed by the senate minority leader.

III. The governor or the governor’s designee shall convene the first meeting, which shall take place no later than 30 days after the legislative members of the commission have been appointed.

IV. The commission shall be authorized to receive sworn complaints and investigate allegations of improper conduct of individuals in the performance of their duties and make appropriate findings of fact and conclusions with respect to such conduct. In proceedings under this section, the commission shall have the power to issue subpoenas and administrative oaths.

V. All actions of the commission shall require an affirmative vote of 4 or more members of the commission before becoming effective. Upon completion of its investigation, the commission shall conclude by recorded vote that:

(a) No violation occurred and no further action is appropriate;

(b) The violation is inadvertent, technical, or of a de minimis nature and shall be addressed by informal methods;

(c) Based upon clear and convincing evidence, a violation occurred, but such violation does not justify formal disciplinary action and shall be resolved by informal methods; or

(d) Based upon clear and convincing evidence, a violation occurred, and the violation was of a serious nature so as to warrant formal disciplinary action. The commission may recommend disciplinary action to the employee’s supervisor and may, in appropriate cases, refer the case to the department of justice for criminal prosecution.

VI. Any person who knowingly or willfully swears falsely to a sworn complaint does so under penalty of perjury, and the commission may refer any such case to the department of justice for prosecution.

VII. Except as otherwise provided in this paragraph and notwithstanding any other provision of law, all proceedings, information, communications, materials, papers, files, and transcripts, written or oral, received or developed by the commission in the course of its work, shall be confidential. The commission shall first examine any sworn complaint and shall conduct its in a confidential manner, unless otherwise requested by the public official or public employee complained against. The commission shall conduct formal proceedings, other than its deliberations, in public session. The commission’s deliberations shall be conducted in nonpublic session. Upon completion of a vote taken under paragraph V, the commission shall make available for public inspection all records, other than its work product and internal memoranda relating to the complaint.

2 Effective Date. This act shall take effect 60 days after its passage.