Madam Speaker, pursuant to section 1(e) of House Resolution 73, 117th Congress, and clause 3(g)(4) of House Rule II, I hereby submit the following special policies and procedures adopted by the Committee on Ethics on March 9, 2021, for…
Madam Speaker, pursuant to section 1(e) of House Resolution 73, 117th Congress, and clause 3(g)(4) of House Rule II, I hereby submit the following special policies and procedures adopted by the Committee on Ethics on March 9, 2021, for printing in the Congressional Record.
Special Policies and Procedures Relating to Fine Notifications and
Appeals
(Adopted by the Committee on Ethics--March 9, 2021)
1. Upon receipt of a fine notification under House Rule II
or H. Res. 73, the Committee will send a letter to the
Sergeant at Arms, U.S. Capitol Police, and/or Chief
Administrative Officer requesting that they preserve all
records of any reviews, determinations, or decisions
regarding the alleged violation(s) and any additional
information, including
video recordings of the alleged violation(s). Also, the
Committee will send a letter to the Member notifying them of
their right to appeal, the deadline by which to file an
appeal, the Committee's special policies and procedures, and
noting that an appeal to the Committee shall include a
response to the findings issued by the Sergeant at Arms, and
may include the basis for the appeal, a description of the
occurrence precipitating the fine, any exculpatory
information, any request to appear before the Committee, and
any additional information that the appellant believes will
assist the Committee in considering the appeal. In addition,
for receipt of any fine notification under H. Res. 73, the
Committee shall notify the Member of the Committee's
obligation to publish the fine notification.
2. For a fine notification received under H. Res. 73, the
Chair and Ranking Member will make the notification public
within two business days of receipt. The Committee will
provide the subject of the fine with notice of publication
one business day prior to release.
3. The Chair and Ranking Member may make redactions to the
public fine notification received under H. Res. 73 as they
deem necessary to protect certain personally identifiable
information or other sensitive details.
4. In appealing a fine to the Committee, the appellant may
be represented by counsel at their own expense.
5. Upon receipt of an appeal of a fine, the Committee will
send a letter confirming its receipt of the appeal and
notifying the appellant that it will consider the appeal
within 30 calendar days. Also, upon receipt of an appeal, the
Committee will send a letter to the Sergeant at Arms, U.S.
Capitol Police, and/or Chief Administrative Officer
requesting that they provide the Committee with a copy of all
records of any reviews, determinations, or decisions
regarding the alleged violation(s) and any additional
information, including video recordings of the alleged
violation(s).
6. If the written appeal does not provide sufficient
information to fully assess an appeal, the Chair and Ranking
Member may jointly authorize staff to request additional
information from the appellant.
7. If an appellant asserts there are factual errors with
the findings and any supporting documentation, the Chair and
Ranking Member will request a response from the Sergeant at
Arms and the U.S. Capitol Police. The Chair and Ranking
Member may also jointly seek additional information from
other sources.
8. The Chair or Ranking Member, consistent with Committee
Rule 5(b), may place consideration of an appeal on the agenda
at any time. If no meeting of the Committee is scheduled to
occur within 30 days of receipt of an appeal, the Chair will
make reasonable efforts to convene a meeting during that time
period.
9. Members of the Committee will be provided any
information needed for consideration of the appeal not later
than three days prior to any meeting in which the appeal will
be considered, whenever possible.
10. The Committee may agree to an appeal if it determines
the fine is (a) arbitrary and capricious, an abuse of
discretion, or otherwise not consistent with law or with
principles of fairness; (b) not made consistent with required
procedures; or (c) unsupported by substantial evidence.
11. The Chair and Ranking Member will notify the Speaker,
the Sergeant at Arms, Chief Administrative Officer, and the
public of the determination regarding a fine appeal (or that
no appeal has been filed) two business days after such
determination (or the expiration of the appeal period), and
will also publish the written appeal if the appellant so
chooses. The Committee will provide the subject of the fine
with notice of publication one business day prior to release.