SJ341: Public officials; joint subcommittee to study conduct of state legislative and executive branches.


SENATE JOINT RESOLUTION NO. 341
Senate Amendments in [ ] February 10, 2009
Establishing a joint subcommittee to study the conduct of certain public officials. Report.
Patron Prior to Engrossment--Senator Deeds

Referred to Committee on Rules

WHEREAS, Virginia has enjoyed and prizes its reputation for public integrity; and

WHEREAS, more than 15 years have passed since there has been a thorough study of the rules of conduct governing the behavior of public officials; and

WHEREAS, the last major study was undertaken by the Governor's Commission on Campaign Finance Reform, Government Accountability, and Ethics in its 1992 report, Public Service, Public Trust, and was then followed by a review of that study by a joint subcommittee of the General Assembly in its 1994 Senate Document 65; and

WHEREAS, vigilance in guarding Virginia's record of clean government warrants a fresh review of the behavior and activities of legislative and executive branch officials, not in response to scandal, but to prevent future scandal; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That a joint subcommittee be established to study the conduct of certain public officials. The joint subcommittee shall review the conduct of public officials of the legislative and executive branches of state government. 

The joint subcommittee shall have a total membership of 11 members that shall consist of six legislative members and five nonlegislative citizen members. Members shall be appointed as follows:  two members of the Senate to be appointed by the Senate Committee on Rules; four members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; two nonlegislative citizen members to be appointed [ at large ] by the Senate Committee on Rules; and three nonlegislative citizen members to be appointed [ at large ] by the Speaker of the House of Delegates. Nonlegislative citizen members of the joint subcommittee shall be citizens of the Commonwealth of Virginia. Unless otherwise approved in writing by the chairman of the joint subcommittee and the respective Clerk, nonlegislative citizen members shall be reimbursed only for travel originating and ending within the Commonwealth of Virginia for the purpose of attending meetings. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required. The joint subcommittee shall elect a chairman and vice chairman from among its membership, who shall be members of the General Assembly.

In conducting its study, the joint subcommittee shall evaluate the behavior of officials and the related rules governing conflicts of interests, campaign finance, lobbying, and general rules of conduct.

Administrative staff support shall be provided by the Office of the Clerk of the Senate. Legal, research, policy analysis, and other services as requested by the joint subcommittee shall be provided by the Division of Legislative Services. Technical assistance shall be provided by the Secretary of the Commonwealth and the Secretary of the State Board of Elections. All agencies of the Commonwealth shall provide assistance to the joint subcommittee for this study, upon request.

The joint subcommittee shall be limited to four meetings for the 2009 interim, and the direct costs of this study shall not exceed $8,000 without approval as set out in this resolution. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint subcommittee and the respective Clerk. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required.

No recommendation of the joint subcommittee shall be adopted if a majority of the Senate members or a majority of the House members appointed to the joint subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint subcommittee.

The joint subcommittee shall complete its meetings by November 30, 2009, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2010 Regular Session of the General Assembly. The executive summary shall state whether the joint subcommittee intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and the report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2009 interim.

SENATE JOINT RESOLUTION NO. 341
Offered January 14, 2009
Prefiled January 14, 2009
Establishing a joint subcommittee to study the conduct of certain public officials. Report.
Patron-- Deeds

Referred to Committee on Rules

WHEREAS, Virginia has enjoyed and prizes its reputation for public integrity; and

WHEREAS, more than 15 years have passed since there has been a thorough study of the rules of conduct governing the behavior of public officials; and

WHEREAS, the last major study was undertaken by the Governor's Commission on Campaign Finance Reform, Government Accountability, and Ethics in its 1992 report, Public Service, Public Trust, and was then followed by a review of that study by a joint subcommittee of the General Assembly in its 1994 Senate Document 65; and

WHEREAS, vigilance in guarding Virginia's record of clean government warrants a fresh review of the behavior and activities of legislative and executive branch officials, not in response to scandal, but to prevent future scandal; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That a joint subcommittee be established to study the conduct of certain public officials. The joint subcommittee shall review the conduct of public officials of the legislative and executive branches of state government.

The joint subcommittee shall have a total membership of 11 members that shall consist of six legislative members and five nonlegislative citizen members. Members shall be appointed as follows: two members of the Senate to be appointed by the Senate Committee on Rules; four members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; two nonlegislative citizen members to be appointed by the Senate Committee on Rules; and three nonlegislative citizen members to be appointed by the Speaker of the House of Delegates. Nonlegislative citizen members of the joint subcommittee shall be citizens of the Commonwealth of Virginia. Unless otherwise approved in writing by the chairman of the joint subcommittee and the respective Clerk, nonlegislative citizen members shall be reimbursed only for travel originating and ending within the Commonwealth of Virginia for the purpose of attending meetings. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required. The joint subcommittee shall elect a chairman and vice chairman from among its membership, who shall be members of the General Assembly.

In conducting its study, the joint subcommittee shall evaluate the behavior of officials and the related rules governing conflicts of interests, campaign finance, lobbying, and general rules of conduct.

Administrative staff support shall be provided by the Office of the Clerk of the Senate. Legal, research, policy analysis, and other services as requested by the joint subcommittee shall be provided by the Division of Legislative Services. Technical assistance shall be provided by the Secretary of the Commonwealth and the Secretary of the State Board of Elections. All agencies of the Commonwealth shall provide assistance to the joint subcommittee for this study, upon request.

The joint subcommittee shall be limited to four meetings for the 2009 interim, and the direct costs of this study shall not exceed $8,000 without approval as set out in this resolution. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint subcommittee and the respective Clerk. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required.

No recommendation of the joint subcommittee shall be adopted if a majority of the Senate members or a majority of the House members appointed to the joint subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint subcommittee.

The joint subcommittee shall complete its meetings by November 30, 2009, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2010 Regular Session of the General Assembly. The executive summary shall state whether the joint subcommittee intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and the report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2009 interim.