Delaware House adopts rules for member ethics complaints and discipline

A House member may file an ethics complaint with the Ethics Committee. Only House members may file complaints, and each complaint must accuse a House member of breaking a legislative conduct rule. The complaint must be written and sworn, name the conduct rule at issue, state supporting facts, and include relevant documents the filer has. If the committee initially dismisses a complaint and a committee member dissents, a House member may petition the Speaker in writing. A majority of elected House members must approve before the committee investigates.

The House may discipline a member after finding an ethics charge proved at a hearing. These rules apply when a House member faces a formal charge of breaking a legislative conduct rule. At the hearing, the committee must show each charge is true with strong, clear evidence. A majority of House members must vote to find a charge proved before the House may vote on a penalty. Suspension or expulsion requires a two-thirds vote of House members.

The Ethics Committee limits public access to information about alleged ethics violations. This rule covers information the committee receives about alleged conduct rule violations by House members. The committee may allow early release. After charges are served, papers filed under the charge rule are also open to inspection; access to other filed papers needs committee approval. No paper may be released if that would violate a law or regulation. The limit on release applies before the committee sends formal charges to the member. The charges become available for inspection after they are served on that member.