SB 2501

Before January 1, 2027, this bill requires Shelby C ounty to create an ethics commission for the county to aid in protecting the integrity of the processes of government and preventing abuse ("commission"") . A commission so created must be constituted pursuant to this bill, unless the county legislative body provides an alternative by passage of a resolution. Such a 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 commiss ioners from the majority party and the minority party. QUALIFICATIONS FOR COMMISSIONERS In order to be qualified for appointment as a commissioner, this bill requires a candidate to, at a minimum, ( i ) b e a legal resident of this state for five years immediately preceding appointment, (ii) b e at least 30, (iii) b e a registered voter in this state, (iv) b e a person of high ethical standards who has an active interest in promoting ethics in government, and ( v ) n ot have been convicted of a felony. However, a county legislative body may provide additional qualifications by resolution. This bill prohibits an appointing authority from appoint ing 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. This bill requires the appointing authorities to make their appointments at the first meeting of the county legislative body following a regular election. Initial terms are staggered, and, a fter the initial terms, commissioners serve four-year terms. MEETINGS This bill requires the county mayor to call the first meeting of the 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 has all the powers and privileges of the other members. This bill requires the commission to fix the place and time of its regular meetings by order duly recorded in its minutes. Four members of the commission constitute s a quorum. Four affirmative votes are required for any commission action. Special meetings must 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 r esidence and must specify the purpose, time, and place of the meeting. M atters unrelated to the specified purpose must not be considered without a specific waiver by all members of the commission. DUTIES OF THE COMMISSION This bill requires the commission to (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. This bill authorizes the commission to engage in all of the following conduct:  Subpoena witnesses, compel their attendance and testimony, conduct audits, administer oaths, take evidence and require, by subpoena duces tecum, the production of books, papers, records, or other evidence needed for the performance of the commission's duties or exercise of its powers, including its duties and powers of investigation .  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 occurre d.  Issue an appropriate order following a determination of an actual violation .  Seek injunctive relief in the circuit or chancery court in the county to prevent continuing violations. If an investigation by the commission indicates a criminal violation has occurred, then this bill requires the commission to refer the matter to the appropriate law enforcement agency."