See other bills
under the
same topic
                                                        PRINTER'S NO. 12

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

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 -