SJR 11

SJR11 192139-10 By Senators Orr, Reed and Marsh RFD: Rules First Read: 09-JAN-18 SJR11 SJR11 ENROLLED, SJR11, CREATING THE CODE OF ETHICS REFORM AND CLARIFICATION COMMISSION. WHEREAS, in a representative democracy, the public has a right to: A government in which the public officials are independent and impartial; be confident in the integrity of the government; and be secure in the knowledge that the best qualified individuals are not discouraged from public service; and WHEREAS, the Alabama Code of Ethics was originally enacted more than 40 years ago and has been amended at least imes since then; and WHEREAS, the multiple piecemeal amendments over the last 40-plus years and the evolving interpretation of the Code of Ethics have created an environment where reasonable individuals can sometimes disagree on what is permitted and what is not with the result that qualified individuals are discouraged from seeking public office; and WHEREAS, the Code of Ethics applies to more than 300,000 individuals and their families, including individuals campaigning for or holding elected offices ranging from SJR11 Governor to members of town councils; individuals holding appointive offices ranging from the heads of state departments to members of local planning boards, and individuals employed by public agencies, such as teachers, firefighters, law enforcement officers, school bus drivers, gardeners, maintenance workers, social workers, nurses, office workers, and the like; and WHEREAS, everyone should be able to agree that the public is best served by an unambiguously articulated policy that clearly distinguishes between the private interests of public officers and public employees and the public duties of those officers and employees; now therefore, BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That there is created the Code of Ethics Clarification and Reform Commission. (a) The commission shall be comprised of the following members: (1) Three members of the Senate, one of whom may not be a member of the majority party, appointed by the President Pro Tempore of the Senate. (2) Three members of the House of Representatives, one of whom may not be a member of the majority party, appointed by the Speaker of the House of Representatives. (3) The Legal Advisor to the Governor. SJR11 (4) The Attorney General or Chief Deputy Attorney General, who shall serve as co-chair. (5) The Executive Director of the Ethics Commission, who shall serve as co-chair. (6) The Solicitor General of Alabama. (7) The Chief Examiner of the Department of Examiners of Public Accounts. (8) A district attorney appointed by the Alabama District Attorneys Association. (9) A circuit judge appointed by the Alabama Association of Circuit Judges. (10) The Supernumerary District Attorney for the 15th Judicial Circuit of Alabama. (11) Two attorneys licensed in Alabama appointed by the Alabama State Bar. (12) Two attorneys licensed in Alabama appointed by the Director of the Legislative Services Agency. (13) An individual appointed by the Association of County Commissions of Alabama. (14) An individual appointed by the Alabama League of Municipalities. (15) Two individuals appointed by the Alabama Council of Association Executives, one of whom shall be a registered lobbyist under Section 36-25-18, Code of Alabama 1975, who represents more than one principal before the SJR11 legislative and executive branches of government and devotes more than 50 percent of his or her time to activity regulated by the Ethics Commission. (16) An individual appointed by the Alabama Press Association. (b) The appointing powers shall coordinate their appointments to assure the commission membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. (c) The commission shall meet as soon as practical at a time and place set by the Senate President Pro Tempore. (d) The commission shall be an advisory commission charged with studying and making recommendations to reform and clarify the Code of Ethics and shall report its findings and recommendations to the Legislature by the first legislative day of the 2019 Regular Session of the Legislature, at which time it shall be dissolved. (e) Upon the request of the chair, the Secretary of the Senate and the Clerk of the House of Representatives shall provide necessary clerical assistance for the work of the commission. (f) The Alabama Law Institute shall provide necessary professional services to the commission. (g) Each member of the commission may be reimbursed for expenses related to attending meetings by his or her SJR11 respective appointing authority consistent with the policies of the appointing authority. (h) Notice of the meetings of the commission shall be provided in a manner consistent with the rules of the Legislature pertaining to interim committees. SJR11 President and Presiding Officer of the Senate Speaker of the House of Representatives SJR11 Senate 01-MAR-18 I hereby certify that the within Act originated in and adopted the Senate. Patrick Harris, Secretary. House of Representatives Amended and adopted 22-MAR-18 Senate concurred in House amendment 22-MAR-18 By: Senator Orr