PRINTER'S NO. 12
No. 20 Session of 1997
INTRODUCED BY THOMAS, TRUE, ROBINSON, GEORGE, MYERS, READSHAW, DONATUCCI, BELFANTI, SANTONI, DALEY, RAMOS, ROEBUCK, DeWEESE, STETLER, MANDERINO, KIRKLAND, JAMES, CAWLEY, MARKOSEK, LAUGHLIN, OLIVER, JAROLIN, LESCOVITZ, EVANS, ITKIN, VEON AND CALTAGIRONE, JANUARY 27, 1997
REFERRED TO COMMITTEE ON RULES, JANUARY 27, 1997
A RESOLUTION 1 Amending House Rule 47 and adding a rule relating to 2 discriminatory or harassing conduct. 3 RESOLVED, That House Rule 47 be amended and the rules are 4 amended by adding a rule to read: 5 RULE 47 6 Ethics Committee 7 As used in the context of this rule, the word "committee" 8 shall mean the Committee on Ethics of the House of 9 Representatives, and the phrase "majority of the committee" 10 shall mean a majority of the members to which the committee is 11 entitled. 12 The committee shall consist of eight members: four of whom 13 shall be members of the majority party appointed by the Speaker, 14 and four of whom shall be members of the minority party 15 appointed by the Minority Leader. The Speaker shall appoint from 16 the members a chairman, vice chairman and secretary for the
1 committee. The chairman shall be a member of the majority party 2 and the vice chairman shall be a member of the minority party. 3 The chairman shall notify all members of the committee at 4 least 24 hours in advance of the date, time and place of a 5 regular meeting. Whenever the chairman shall refuse to call a 6 regular meeting, a majority of the committee may vote to call a 7 meeting by giving two days' written notice to the Speaker of the 8 House setting forth the time and place for such meeting. Such 9 notice shall be read in the House and posted in the House 10 Chamber by the Chief Clerk, or his designee. Thereafter, the 11 meeting shall be held at the time and place specified in such 12 notice. 13 The committee shall conduct its investigations, hearings and 14 meetings relating to a specific investigation or a specific 15 member, officer or employee of the House in closed session and 16 the fact that such investigation is being conducted or to be 17 conducted or that hearings or such meetings are being held or 18 are to be held shall be confidential information unless the 19 person subject to investigation advises the committee in writing 20 that he elects that such hearings shall be held publicly. In the 21 event of such an election, the committee shall furnish such 22 person a public hearing. All other meetings of the committee 23 shall be open to the public. 24 The committee shall receive complaints against members, 25 officers and employees of the House, and persons registered or 26 carrying on activities regulated by the act of September 30, 27 1961 (P.L.1778, No.712), known as the "Lobbying Registration and 28 Regulation Act," alleging illegal [or], unethical or as defined 29 in Rule 79 discriminatory or harassing conduct. Any such 30 complaint must be in writing verified by the person filing the 19970H0020R0012 - 2 -
1 complaint and must set forth in detail the conduct in question 2 and the section of the "Legislative Code of Ethics," the 3 "Lobbying Registration and Regulation Act," or House rule 4 violated. The committee shall make a preliminary investigation 5 of the complaint, and if it is determined by a majority of the 6 committee that a violation of the rule or law may have occurred, 7 the person against whom the complaint has been brought shall be 8 notified in writing and given a copy of the complaint. Within 15 9 days after receipt of the complaint, such person may file a 10 written answer thereto with the committee. Upon receipt of the 11 answer, by vote of a majority of the committee, the committee 12 shall either dismiss the complaint within ten days or proceed 13 with a formal investigation, to include hearings, not less than 14 ten days nor more than 30 days after notice in writing to the 15 persons so charged. Failure of the person charged to file an 16 answer shall not be deemed to be an admission or create an 17 inference or presumption that the complaint is true, and such 18 failure to file an answer shall not prohibit a majority of the 19 committee from either proceeding with a formal investigation or 20 dismissing the complaint. 21 A majority of the committee may initiate a preliminary 22 investigation of the suspected violation of a Legislative Code 23 of Ethics or House rule by a member, officer or employee of the 24 House or lobbyist. If it is determined by a majority of the 25 committee that a violation of a rule or law may have occurred, 26 the person in question shall be notified in writing of the 27 conduct in question and the section of the "Legislative Code of 28 Ethics," the "Lobbying Registration and Regulation Act" or House 29 rule violated. Within 15 days, such person may file a written 30 answer thereto. Upon receipt of the answer, by vote of a 19970H0020R0012 - 3 -
1 majority of the committee, the committee shall either dismiss 2 the charges within ten days or proceed with a formal 3 investigation, to include hearings, not less than ten days nor 4 more than 30 days after notice in writing to the person so 5 charged. Failure of the person charged to file an answer shall 6 not be deemed to be an admission or create an inference or 7 presumption that the charge is true, and such failure to file an 8 answer shall not prohibit a majority of the committee from 9 either proceeding with a formal investigation or dismissing the 10 charge. 11 In the event that the committee shall elect to proceed with a 12 formal investigation of the conduct of any member, officer or 13 employee of the House, the committee shall employ independent 14 counsel who shall not be employed by the House for any other 15 purpose or in any other capacity during such investigation. 16 All constitutional rights of any person under investigation 17 shall be preserved, and such person shall be entitled to present 18 evidence, cross-examine witnesses, face his accuser, and be 19 represented by counsel. 20 The chairman may continue any hearing for reasonable cause, 21 and upon the vote of a majority of the committee or upon the 22 request of the person subject to investigation, the chairman 23 shall issue subpoenas for the attendance and testimony of 24 witnesses and the production of documentary evidence relating to 25 any matter under formal investigation by the committee. The 26 committee may administer oaths or affirmations and examine and 27 receive evidence. 28 All testimony, documents, records, data, statements or 29 information received by the committee in the course of any 30 investigation shall be private and confidential except in the 19970H0020R0012 - 4 -
1 case of public hearings or in a report to the House. No report 2 shall be made to the House unless a majority of the committee 3 has made a finding of unethical or illegal conduct on the part 4 of the person under investigation. No finding of unethical or 5 illegal conduct shall be valid unless signed by at least a 6 majority of the committee. Any such report may include a 7 minority report. No action shall be taken on any finding of 8 illegal or unethical conduct nor shall such finding or report 9 containing such finding be made public sooner than seven days 10 after a copy of the finding is sent by certified mail to the 11 member, officer or employee under investigation. 12 The committee may meet with a committee of the Senate to hold 13 investigations or hearings involving employees of the two houses 14 jointly or officers or employees of the Legislative Reference 15 Bureau, the Joint State Government Commission, the Local 16 Government Commission, the Legislative Budget and Finance 17 Committee and the Legislative Data Processing Committee; 18 provided, however, that no action may be taken at a joint 19 meeting unless it is approved by a majority of the committee. 20 In the event that a member of the committee shall be under 21 investigation, such member shall be temporarily replaced on the 22 committee in a like manner as said member's original 23 appointment. 24 The committee, whether or not at the request of a member, 25 officer or employee concerned about an ethical problem relating 26 to himself alone or in conjunction with others, may render 27 advisory opinions with regard to questions pertaining to 28 legislative ethics or decorum. Such advisory opinions, with such 29 deletions and changes as shall be necessary to protect the 30 identity of the persons involved or seeking them, may be 19970H0020R0012 - 5 -
1 published and shall be distributed to all the members of the 2 House. 3 Any member of the committee breaching the confidentiality of 4 materials and events as set forth in this rule shall be removed 5 immediately from the committee and replaced by another member of 6 the House in a like manner as said member's original 7 appointment. 8 The committee may adopt rules of procedure for the orderly 9 conduct of its affairs, investigations, hearings and meetings, 10 which rules are not inconsistent with this rule. 11 The committee shall continue to exist and have authority and 12 power to function after the sine die adjournment of the General 13 Assembly and shall so continue until the expiration of the then 14 current term of office of the members of the committee. 15 RULE 79 16 Discriminatory or Harassing Conduct 17 Discriminatory harassment and other forms of discrimination 18 are contrary to the spirit of American democracy and are matters 19 of concern to the Commonwealth. Such discrimination foments 20 domestic strife and unrest, threatens the rights and privileges 21 of the inhabitants of the Commonwealth and undermines the 22 foundations of a free democratic state. Discriminatory 23 harassment and other forms of discrimination in the House of 24 Representatives sets a bad example for the citizens of the 25 Commonwealth and threatens the integrity of the House of 26 Representatives. Such conduct is prohibited. 27 Discriminatory harassment means any verbal, symbolic or 28 physical conduct, in private or in public, which stigmatizes, 29 victimizes, derogates or offends individuals, groups or 30 communities based on race, color, religion, national origin, 19970H0020R0012 - 6 -
1 ancestry, sex, sexual orientation, age or disability. 2 Discriminatory harassment includes, but is not limited to, 3 slurs, epithets, hate words, negative stereotyping, demeaning 4 jokes, derogatory statements, threats and intimidation which 5 have the purpose or effect of creating embarassment, injury, a 6 hostile environment or other harm. 7 Discriminatory conduct includes conduct involving all aspects 8 of employment, including, but not limited to, hiring, promotion, 9 demotion, discipline, termination, terms, conditions and 10 benefits of employment, of both paid and unpaid persons, as well 11 as conduct involving all members of the House of 12 Representatives, lobbyists or others having contact with members 13 and employees, including unpaid persons, which is based on race, 14 color, religion, national origin, ancestry, sex, sexual 15 orientation, age or disability. A17L80DGS/19970H0020R0012 - 7 -