SR0953 101ST GENERAL ASSEMBLY

SR0953 LRB101 18055 JWD 67493 r

SENATE RESOLUTION

RESOLVED, BY THE SENATE OF THE ONE HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the Senate of the 101st General Assembly are amended by adding Senate Rules 11-3 through 11-9 as follows:

(Senate Rule 11-3 new)

11-3. Special Investigating Committee.

(a) Disciplinary proceedings may be commenced by filing with the President and the Minority Leader a petition, signed by 3 or more members of the Senate, for a special investigating committee. The petition shall contain the alleged charge or charges that, if true, may subject the member named in the petition to disciplinary action by the Senate and may include any other factual information that supports the charge or charges.

(b) Upon filing the petition, a special investigating committee consisting of 6 members shall be created. The President shall appoint 3 members from the majority caucus and the Minority Leader shall appoint 3 members from the minority caucus. The President shall appoint the Chairperson from among the 6 members. Members signing the petition may not be appointed to the special investigating committee. The contents of a petition for a special investigating committee shall be confidential until the appointment of all members except as to the member named, the members signing it, the President, the Minority Leader, and the members of a special investigating committee.

(c) The Chairperson shall give reasonable notice of all meetings to the member named in the petition and to the public. All meetings of the special investigating committee shall be open to the public, unless, pursuant to Article IV, Section 5(c) of the Illinois Constitution, the Senate votes by the affirmative vote of two-thirds of the members to hold proceedings in executive session. The Secretary shall keep an audio recording and transcript of all meetings.

(d) The member named in the petition has the right to counsel during all meetings of the special investigating committee.

(e) The Chairperson may establish procedural rules (subject to the approval of the President). The Committee may, in the discretion of the Chairperson, administer oaths and compel by subpoena (subject to Rule 2-5(c)(9)) any person to appear and give testimony as a witness or produce papers, documents, or other materials relevant to the charge or charges.

(Senate Rule 11-4 new)

11-4. Investigation.

(a) At the initial meeting of the special investigating committee, the Chairperson shall enter the petition into the record.

(b) The special investigating committee shall conduct a thorough investigation of all charges alleged in the petition. The special investigating committee shall meet as often as necessary and consider any information or testimony it deems relevant to the charges alleged in the petition, regardless of whether such information was contained in the petition or is discovered through subsequent investigation.

(c) The special investigating committee shall give the member named in the petition an opportunity to be present at all meetings and to testify or otherwise present any relevant information.

(d) The special investigating committee shall determine if reasonable grounds exist to authorize charges against the member named in the petition that may result in disciplinary action by the Senate. The special investigating committee shall vote on each charge alleged in the petition by record vote. A motion to authorize a charge requires the affirmative vote of a majority of those appointed.

(Senate Rule 11-5 new)

11-5. Report of the Special Investigating Committee.

(a) The special investigating committee shall file with the Secretary a written report that includes, at a minimum, a summary of each charge alleged in the petition, the vote on each charge alleged in the petition, and the reasons the committee did or did not authorize each charge against the member. Any member of the special investigating committee may include a supplemental statement in the report, either concurring with or dissenting from all or part of the report, or explaining a reason for his or her vote on a charge. The report shall be signed by all of the members of the special investigating committee, regardless of their original vote in the committee proceedings on whether to authorize charges.

(b) If a majority of those appointed determines that reasonable grounds exist to authorize a charge or charges, then for each authorized charge the report shall include a statement of the authorized charge and any factual information supporting that charge. Within the report, the special investigating committee shall appoint 2 members of the Senate, one from the majority caucus and one from the minority caucus, who are not members of the special investigating committee and did not sign the petition, to be managers for the Senate at the hearing on the authorized charge or charges.

(Senate Rule 11-6 new)

11-6. Select Committee on Discipline.

(a) If a special investigating committee authorizes charges against any member of the Senate, the President and the Minority Leader shall appoint a select committee on discipline to hear and determine those charges. The select committee shall consist of 12 members of the Senate, 6 of whom shall be appointed by the President from the majority caucus and 6 of whom shall be appointed by the Minority Leader from the minority caucus. The President shall appoint a Chairperson from among the 12 members. No member who signed the petition or served on the special investigating committee may be appointed to the select committee.

(b) All appointments to a select committee shall be completed and the select committee shall convene within 30 days after the filing of a report issued by the special investigating committee.

(c) The Chairperson shall give reasonable notice of all meetings to the member named in the petition and to the public. All meetings of the select committee shall be open to the public, unless, pursuant to Article IV, Section 5(c) of the Illinois Constitution, the Senate votes by the affirmative vote of two-thirds of the members to hold proceedings in executive session. The Secretary shall keep an audio recording and transcript of all meetings.

(d) The Chairperson may establish procedural rules (subject to the approval of the President). The select committee may, at the discretion of the Chairperson, administer oaths and compel by subpoena (subject to Rule 2-5(c)(9)) any person to appear and give testimony as a witness or produce papers, documents, or other materials relevant to the charge or charges.

(Senate Rule 11-7 new)

11-7. Hearings on Disciplinary Charges.

(a) Proceedings before the select committee shall be adversarial in form, with the managers for the Senate presenting the case for disciplinary action. The member subject to charges has the right to counsel during all hearings of the select committee.

(b) Stipulations of fact shall be encouraged by the select committee.

(Senate Rule 11-8 new)

11-8. Report of the Select Committee on Discipline.

(a) The select committee shall vote on each charge by record vote. For each charge the select committee shall vote on the question, "Is the Member at fault on this charge?" If a majority of those appointed vote in the affirmative, the member shall be found at fault on that charge. If less than a majority of those appointed vote in the affirmative, it shall be reported that there is insufficient evidence to find the member at fault on that charge.

(b) If the select committee finds the member at fault on any charge, the committee shall adopt a recommendation for disciplinary action. The committee may recommend a reprimand, a censure, expulsion from the Senate, or that no penalty be invoked. The recommendation on disciplinary action requires an affirmative vote of the majority of those appointed. If a majority of those appointed cannot, by record vote, agree on a penalty, it shall report a recommendation that no penalty be invoked.

(c) The select committee shall file a report of its findings on each charge. The report shall include, at a minimum, the vote of the committee on each charge, the reasons for each conclusion, and any recommendation as to a penalty for a finding of fault on a charge. Any member of the select committee may include a supplemental statement in the report, either concurring with or dissenting from all or part of the report, or explaining a reason for his or her vote on a charge.

(d) If the select committee finds the member at fault on any charge, the select committee shall file a resolution that includes its findings, the charge, and the recommended penalty for that charge. Separate resolutions must be filed for each charge.

(Senate Rule 11-9 new)

11-9. Senate Action on the Report of the Select Committee on Discipline.

(a) The report of a select committee and any accompanying resolution shall be filed with the Secretary and reproduced and distributed as provided in Rule 5-4. The report and any accompanying resolutions shall be placed on the calendar under the heading "Report and Resolutions of Select Committee on Discipline". The report and resolutions shall be carried on the Daily Calendar for 2 legislative days before any action by the Senate.

(b) The Senate shall take action by a record vote on each resolution. The Senate may amend a resolution for disciplinary action to decrease the recommended penalty by a record vote of a majority of the members elected.

(c) A resolution finding a member at fault regarding a charge may be adopted only by the affirmative vote of three-fifths of the members elected, except that a resolution the effect of which is to expel a member may be adopted only by the affirmative vote of two-thirds of the members elected.