30-116 - Disposition of cases.
§ 30-116. Disposition of cases.
Within 120 days of the chairman's forwarding the signed and sworn complaintto the Panel, the Panel, or a majority of its members acting in its name,shall dispose of the matter in one of the following ways:
1. a. If the Panel determines in its preliminary investigation that thecomplaint is without merit, the Panel shall dismiss the complaint, so advisethe complainant and legislator, and take no further action. In such case, thePanel shall retain its records and findings in confidence unless thelegislator under inquiry requests in writing that the records and findings bemade public.
b. If the Panel determines in the course of its proceedings that the factsand evidence show that the complaint is without merit, the Panel shalldismiss the complaint, so advise the complainant and legislator, and reportits action to the Clerk of the appropriate house, for the information of theHouse or Senate.
2. If the Panel determines that there is a reasonable basis to conclude thatthe legislator has violated the provisions of this chapter but that theviolation was not made knowingly, the Panel shall refer the matter by awritten report setting forth its findings and the reasons therefor to theappropriate house of the General Assembly for appropriate action. All Panelreports, which are advisory only, shall be delivered to the Clerk of theappropriate house, who shall refer the report to the Committee on Privilegesand Elections in accordance with the rules of the appropriate house. SaidCommittee shall in all cases report, after due hearings and consideration,its determination of the matter and its recommendations and reasons for itsresolves to the appropriate house. If the Committee deems disciplinary actionwarranted, it shall report a resolution to express such action. Theappropriate house as a whole shall then consider the resolution, and if itfinds the legislator in violation of any provision of this chapter, it may byrecorded vote take such disciplinary action as it deems warranted.
3. If the Panel determines that there is a reasonable basis to conclude thatthe legislator knowingly violated any provision of Article 2 (§ 30-102 etseq.), 3 (§ 30-104 et seq.), 4 (§ 30-107 et seq.) or 5 (§ 30-109 et seq.) ofthis chapter, except § 30-108 or subsection C of § 30-110, it shall refer thematter by a written report setting forth its findings and the reasonstherefor to the Attorney General for such action he deems appropriate. ThePanel shall also file its report with the Clerk of the appropriate house, whoshall refer the report in accordance with the rules of his house. In theevent the Attorney General determines not to prosecute the alleged violation,he shall notify the Clerk of the appropriate house of his determination andthe Clerk shall send the report to the Committee on Privileges and Elections.The matter shall thereafter be handled in accordance with the provisions ofsubdivision 2.
4. If the Panel determines that there is a reasonable basis to conclude thatthe legislator has violated § 30-108 or subsection C of § 30-110, it shallrefer the matter by a written report to the appropriate house pursuant tosubdivision 2. As its first order of business other than organizationalmatters and committee work, the house in which the member sits shallimmediately upon the convening of the next regular or special session take upand dispose of the matter by taking one or more of the following actions: (i)dismiss the complaint; (ii) sustain the complaint and reprimand the member;(iii) sustain the complaint, censure the member, and strip the member of hisseniority; (iv) sustain the complaint and expel the member by a two-thirdsvote of the elected members; (v) in the event the house finds a knowingviolation, it shall refer the matter to the Attorney General pursuant tosubdivision 3.
5. The Panel shall make public any report that it makes pursuant to theprovisions of subdivision 1 b, 2, 3 or 4 on the date it refers its report.
(1987, Sp. Sess., c. 1, § 2.1-639.48; 2001, c. 844; 2003, c. 649; 2010, cc.427, 876.)