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Ethics
Model Ethics Rules
Author: Harold W. Bolinger
Applicability: Any legislative body's ethics or official conduct code.
Public Hearing Notice Required
Prior to any public hearings taking place on any proposed legislation (resolutions excepted), this [name of legislative body] shall cause a true copy of the legislation under consideration to be published in a general circulation newspaper (or newspapers) covering a population equal to 60% of the total population of the [insert geographic region covered by the name of legislative body]. Such notice shall be styled a "Notice of Public Hearing" disclosing the date, time and location of the hearing. Such notice shall be published a minimum of 14 calendar days prior to the hearing.
Summary Report Required
Not less than 30 days prior to a final vote to be taken on any legislation (resolutions excepted), the clerk of [name of legislative body] shall caused to be produced a summary report of the proposed legislation clearly identifying the provisions of the legislation that impact any and all of the following, and what that impact will be:
A. Appropriations from the general fund;
B. The name(s) of the recipients of any appropriations;
C. The authority for the legislation;
D. The rights and immunities of the citizens relating to the legislation;
E. Any additional taxes to be collected to provide for the legislation;
F. Any substantive changes in existing law.
Such summary report shall be provided to each newspaper of general circulation in the [geographic region served by the legislative body], and to any member of the general public upon request.
Affadavit Required To Vote on Bills
Section 1: Prior to recording an official vote on any piece of legislation before this body (resolutions excepted), each member of this legislative body shall certify, by signed affidavit, that the member has thoroughly read the legislation on which the vote is to be taken, that the member understands the legislation, that the member also understands the implications and costs of the legislation with respect to appropriations authorized thereby, as they relate to rates of taxation required to pay the costs of the legislation, and that he understands any residual effects the legislation could have on the rights of the people of this [state, county, etc.].
Section 2: No member failing to certify the above by affidavit shall be deemed qualified to vote on the legislation at hand, and any vote made by a member failing to provide the affidavit one hour prior to the roll call vote shall be null and void by reason of such omission.
Section 3: Any member of this legislative body who willfully violates this Section shall be guilty of "Misfeasance Under Affidavit," and shall be fined $50 by the [clerk, Sergeant at Arms, etc.] of this legislative body. Upon a second offense, the member shall be both fined and served a written warning signed by the presiding officer of this legislative body. Upon a third offense, the member shall be suspended from exercising legislative duties, without pay, for 10 days.
Section 4: Any person who inquires of any member of this legislative body about the content of legislation passed, and who has reason to believe that the legislator in fact does not understand, or misunderstands the legislation so passed, may bring charges of "Misfeasance Under Affidavit" against the legislator to the [clerk, Sergeant at Arms, etc.]. Upon an information, the [clerk, Sergeant at Arms, etc.] shall conduct an inquiry, and determine guilt or innocence based on the evidence, and shall assess the appropriate penalty if guilt is determined.
Statement of Authorization & Authorship Required
Each piece of legislation introduced by a member of the [name of legislative body] shall contain in its preamble the constitutional or statutory authority for such legislation, and a list of the names and addresses of every individual and organization who assisted in the drafting of the language of the legislation.
Maximum Number of Bills Permitted
No member of [name of legislative body] shall be authorized to introduce more than 10 individual pieces of legislation (resolutions excepted) per calendar year.
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