Subcommittee to reevaluate ethics rules

CHEYENNE —A subcommittee of state lawmakers will be developed to reevaluate the ethics complaints rule of the House and Senate in the upcoming year. 
Members of the Wyoming Legislature’s Management Council passed the motion Monday afternoon after they were recommended to do so by the Select Committee on Legislative Facilities, Technology and Process, as well as Legislative Service Office Director Matt Obrecht. 
Senate President Dan Dockstader, R-Afton, and House Speaker Eric Barlow, R-Casper, will appoint members to the subcommittee to listen to testimony and report their findings and potential amendments for the 67th Wyoming Legislature. 
“For the sake of time, I opt for brevity here before council on this, but this is a major issue,” Obrecht told lawmakers. “It requires a considerable amount of consideration by the membership on how they want to handle their internal policing.” 
Joint Rule 22 lays out a process for investigating an alleged violation of the rules of the House or Senate, or provisions of applicable law, which follows after a written, signed complaint concerning misconduct is provided to the Speaker of the House or the Senate President. 
Misconduct could be defined in many ways, such as a violation of the Ethics and Disclosure Act, a display of violence or disorderly conduct during legislative meetings, or bribes or offers of bribes. 
An investigation is not always required. Presiding officers, after consultation with the majority and minority floor leaders, may dismiss any complaint that appears “frivolous or submitted for any improper purpose.” 
A subcommittee of the Management Council can also take up the complaint and determine whether there is probable cause for a formal investigation in executive session, but there will be no formal investigation if the council subcommittee doesn’t determine so. The file will be closed, and the complainant and member will be advised. 
If a formal investigation is recommended, a special committee will be created with members of the Senate or the House, depending on the lawmaker, and all meetings will be held in public. 
The member with a complaint against him or her is entitled to appear and present evidence, and a process similar to a hearing is conducted. 
The committee can determine if the complaint is not substantiated or it doesn’t require further action, and dismiss it. However, the committee could also recommend reprimand, censure, expulsion or other discipline that seems appropriate. 
Expulsion of the lawmaker requires the affirmative vote of two-thirds of the chamber, but reprimand or censure only requires the affirmative vote of a majority of members. 
The recommendation of the special committee will be acted upon by the appropriate house during the next special or regular session, if the Legislature is not in session. 
“I can say with confidence that, as someone who had to try to apply this rule, there are many challenges with it,” Barlow said. “There are many challenges with it because it was written for a single circumstance.” 
Barlow said it was designed 12 years ago to address a certain situation with a legislator and the disposal of equites. He said because of the complaint process and “some of the things that are occurring,” it has been difficult to apply it, especially when lawmakers are not in session. 
“We don’t have an avenue to actually take the actions necessary,” he said. “I’m sure my Senate colleagues that have been involved in this would agree, so I do think it needs to be reviewed.” 
Senate President Dockstader agreed, and told lawmakers “let’s take a deeper dive, folks. Let’s get it done.” 
He has been working with members of the Management Council to handle a complaint against Sen. Anthony Bouchard, R-Cheyenne, that was filed toward the end of the most recent budget session.
“Senator Bouchard uses intimidation and bullying tactics frequently, and this behavior must be brought to your attention for corrective action,” Wyoming Hospital Association President Eric Boley wrote in his complaint. “I have felt personally and professionally attacked on several occasions by the senator, and I am grateful that the meetings are recorded to back up my claims.” 
Dockstader told the Wyoming Tribune Eagle in September that an announcement regarding the complaint would be made before the next general session convenes Jan. 10.
 
This story was published on Oct. 25, 2022.