45-10-93
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45-10-93.
(a)
The committee is vested with the following powers:
(1)
To meet at such times and places as it may deem necessary;
(2)
To cooperate with and secure the cooperation of every department, agency, or
instrumentality in the state government or its political subdivisions in the
furtherance of the purposes of this part;
(3)
To employ an executive director and such additional staff as the committee deems
necessary to carry out the powers delegated to the committee by this part;
(4)
To summons any person to appear, give sworn testimony, or produce documentary or
other evidence;
(5)
To adopt such rules and regulations as are necessary to carry out the purposes
of this part; and
(6)
To do any and all things necessary or convenient to enable it to perform wholly
and adequately its duties and to exercise the powers granted to it.
(b)
The committee shall have the following duties:
(1)
To advise and assist the General Assembly in establishing rules and regulations
relating to conflicts between the private interests of a member of the
legislative branch of state government and the duties as such;
(2)
To receive and investigate all complaints alleging a violation of the rules and
regulations established by the committee;
(3)
To prescribe forms to be used in complying with this part;
(4)
To adopt a retention standard for records of the committee;
(5)
To prepare and publish an annual report for the General Assembly summarizing the
activities of the committee and recommending legislation that in its judgment
will promote the purposes of this part;
(6)(A)
To conduct an investigation of the merits of a written complaint by any person
who believes that a violation of this part has occurred. If there are found no
reasonable grounds to believe that a violation has occurred, the complaint shall
be dismissed, subject to being reopened upon discovery of additional evidence or
relevant material. If the committee determines that there are such reasonable
grounds to believe that a violation has occurred, it shall give notice by
summoning the persons believed to have committed the violation to a hearing. The
committee may file a complaint charging violations of this part. Nothing in this
Code section shall be construed to limit or encumber the right of the committee
to initiate on probable cause an investigation on its own cognizance as it deems
necessary to fulfill its obligations under this part;
(B)
In any such investigation referenced in subparagraph (A) of this paragraph,
until such time as the committee determines that there are reasonable grounds to
believe that a violation has occurred, it shall not be necessary to give the
notice by summons nor to conduct a hearing;
(7)
To report suspected violations of law to the appropriate law enforcement
authority;
(8)
With respect to matters involving the legislative branch of state government, to
investigate upon a written complaint any illegal use of state employees in a
political campaign by any candidate;
(9)
To issue, upon written request, written advisory opinions, based on a real or
hypothetical set of circumstances. The committee shall make all advisory
opinions publicly available for review. No liability shall be imposed for any
act made in conformity with a written advisory opinion issued by the committee
that is valid at the time of the act; and
(10)
With respect to punishment for violations by employees of the legislative branch
of state government other than members of the General Assembly, the committee
may order the violator to cease and desist from committing further violations
and may issue employment related sanctions against such employee, including but
not limited to reprimand, suspension, demotion, and termination; with respect to
members of the General Assembly, the committee may make recommendations to the
respective house of the type of punishment to be imposed.
(c)
The committee shall designate the place where members of the public may file
papers or correspond with the committee and receive any form or instruction from
the committee. The committee shall preserve all complaints, statements, and
other documentation received or generated by the committee.