3/17/2008
House Republicans Propose Five Professional Conduct Measures

1.  Disclosure 
Prime sponsors:  Reps. Greg Lavelle (R-Sharpley) & Rep. Deborah Hudson (R-Fairthorne)

• State legislators would be required to disclose to the Public Integrity Commission if any member of their family (see below) was working for a state agency or an organization receiving significant state funding (see below).  The measure would also apply to Delaware’s three horse tracks and slot machine operations.
• Family members would be defined as: mother; father; brothers; sisters; spouse; sons; daughters; brothers-in-law; sisters-in-law; sons-in-law and daughters-in-law; nieces and nephews; and grandchildren.
• "Significant state funding" would mean any group receiving at least one-third of their annual operating budget from the State of Delaware.
• Disclosure statements would include: the name of the relative; date of hire; their relation to the legislator; the name of the organization/agency; the address of the organization/agency; and the position the relative holds with that group.
• Disclosure statements would have the same deadlines as gift disclosure reports; would be filed at the same intervals; and would be as available to the public as gift disclosure reports.

“This bill would require disclosure of family members who work for the state,” Rep. Lavelle said.  “We already disclose investment holdings and related issues, so this simply extends existing disclosure laws.  It allows the public to be aware of these situations and gives them the power to decide.”  

2.  Training for General Assembly Members & Staff
Prime sponsor:  Rep. Greg Hastings (R-Millsboro) 

• Mandate continuing professional development for state legislators and create and issue a reference guide for legislators.
• In coordination with the Public Integrity Commission, the Office of the Controller General will be responsible for creating, updating and issuing the reference guide.
• The Public Integrity Commission will be tasked with scheduling and conducting the training as well as determining its content.
• All new legislators will be required to take the training. 
• Incumbents will be required to take a refresher course once every four years.
• The training for freshmen legislators will take place between the date of election and the opening of the General Assembly session the following January.
• Officials elected as a result of a special election will be required to receive training within 90 days of winning the election.  Training to be scheduled at a time agreed to by the new legislator and the Public Integrity Commission.
• Full-time House and Senate staffers, as deemed appropriate by the Speaker and the Senate President Pro Tem respectively, will receive the same professional development training as incumbent legislators on the same schedule.

 “As one of the newest members of the General Assembly, I know how challenging it can be to be a freshman legislator,” Rep. Hastings said.  “This measure will help get new lawmakers off on the right foot and keep incumbents thinking about how to manage their conduct in an often difficult environment.  This type of training is done in many professions as standard procedure and we should have it here as well.”   

3.  Anti-Influence Act
Prime sponsor:  Rep. Richard Cathcart (R-Middletown) 

• Based on a Kansas statute, this bill would bar legislators from advocating for, or causing the employment of, a family member with a state agency.  Lawmakers who have relatives working at state agencies would also be prohibited from using their position to influence the appointment, promotion, transfer, advancement, or discipline of these family members.
• Family members would be defined as: mother; father; brothers; sisters; spouse; sons; daughters; brothers-in-law; sisters-in-law; sons-in-law and daughters-in-law; nieces and nephews; and grandchildren.

“I want to make it clear that this bill is about the institution,” Rep. Cathcart said.  “This bill would draw a bright line in the Delaware Code and remove any ambiguity in existing law.  When this bill is enacted, it will be against the law for legislators to use their influence to interfere in the state employment process on behalf of a family member.  Anyone violating it will be subject to punishment under the law and through our House Ethics Committee.”  

4.  Ethics Committee Changes
Sponsor:  Rep. Vince Lofink (R- Caravel Farms)     

• Pass resolution amending House Rules to change the membership of the Ethics Committee.  Currently, there are five members:  the three members of the majority leadership and the two members of the minority leadership.  Under this proposal, the membership would be expanded to three members from each caucus in a manner similar to how other House committees are impaneled.   The chair of the committee will be selected by the Speaker of the House.  Balancing the committee in this fashion will remove any potential for partisanship in the ethics process.  Additionally, the rules would be changed to require the House Ethics Committee to meet monthly in regularly-scheduled sessions while the General Assembly is in session (January through June).  Legal counsel from both caucuses would be present at these meetings.  These meetings would be held specifically to give House members an opportunity to request a committee ruling on ethical questions submitted to it by House members.  By law, current General Assemblies cannot bind the rules of future General Assemblies, so these changes would have to be carried over from one General Assembly to the next via a vote at the start of each session.

5.  Request Assistance of National Conference of State Legislatures
Sponsor:  State Rep. Donna Stone

• Pass a concurrent resolution requesting the National Conference of State Legislatures (NCSL) to share its expertise on this subject by having its staff review House and Senate Rules and procedures with regard to professional conduct and make recommendations for improving current practices.

Rep. Cathcart said he anticipates that violations of the bills would be unclassified misdemeanors, punishable by up to 30 days in jail, a fine of up to $575 and other court-order sanctions. 

Rep. Cathcart said he’d like to see all members of General Assembly pledge their support for the package.  “While the public has always rightfully expected the highest level of conduct from their elected officials in the legislature, the means by which those standards are maintained has changed over the years.  It is time for us to revisit these laws and update our procedures to ensure that the Delaware General Assembly remains an organization of integrity.”

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