SB 2257

Before January 1, 2027, this bill requires each county to create an ethics commission for the county to aid in protecting the integrity of the processes of government and preventing abuse. A county ethics commission must be constituted pursuant to this bill , unless the county legislative body provides an alternative by passage of a resolution. COMMISSIONER QUALIFICATIONS This bill provides that a county ethics commission is composed of six members, with two being appointed by the county mayor and four appointed by the county legislative body. The appointing authorities must appoint an equal number of commissioners from the majority party and the minority party . At a minimum, to be qualified for appointment as a commissioner, this bill requires a candidate to meet all of the following criteria:  Be a legal resident of this state for five years immediately preceding appointment .  Be at least 30 years of age .  Be a registered voter in this state .  Be a person of high ethical standards who has an active interest in promoting ethics in government .  Not have been convicted of a felony. This bill authorizes a county legislative body to provide additional qualifications by resolution. However, a n appointing authority must not appoint a person as a commissioner if the person , or a member of the person's immediate family , has qualified as a candidate for county public office, holds a county public office, or is a member of a political party's state or local executive committee. APPOINTMENTS This bill requires the appointing authorities to make their appointments at the first meeting of the county legislative body following a regular election. The initial terms are staggered, and the terms following the initial terms are for four years. REGULAR MEETINGS This bill requires the county mayor to call the first meeting of the county ethics commission. The commissioners must select at that first meeting a chair from the membership. The chair must serve in that capacity for one year and is eligible for reelection. The chair must preside at all meetings and have all the powers and privileges of the other members. Further, the commission must fix the place and time of its regular meetings by order duly recorded in its minutes. Four members of the commission constitute a quorum , and f our affirmative votes are required for any commission action. SPECIAL MEETINGS This bill requires s pecial meetings to either be called by the chair on the chair's initiative or upon the written request of three members. Members must receive written notice three days in advance of a special meeting. Notice must be served personally or left at a member's usual place of residence and specify the purpose, time, and place of the meeting. No matters unrelated to the specified purpose may be considered without a specific waiver by all members of the commission. COMMISSION DUTIES This bill provides that a commission must (i) p rovide guidance to county officials as to their ethical duties as requested , ( ii ) r eceive complaints from citizens regarding the conduct of county officials , and ( iii ) i nvestigate any alleged violation by a county official of an ethical duty, upon sworn complaint or upon its own motion. A commission may also perform the following:  Subpoena witnesses and compel their attendance and testimony .  C onduct audits .  A dminister oaths and take evidence  R equire, by subpoena duces tecum, the production of books, papers, records, or other evidence needed for the performance of the commission's duties .  Issue written advisory opinions to county officials, upon request .  Request legal and investigative assistance from the county attorney .  Conduct a hearing to determine if an actual violation has occurred .  Issue an appropriate order following a determination of an actual violation .  Seek injunctive relief in a court in the county to prevent continuing violations. INVESTIGATIONS – VIOLATIONS If an investigation by the commission indicates a criminal violation has occurred, this bill requires the commission to refer the matter to the appropriate law enforcement agency.