CHAPTER 17. RULES APPLICABLE TO DISCIPLINE AND EXPULSION OF MEMBERS

Rule 17.1.  Applicability

This Chapter shall apply whenever a resolution is introduced in the Senate to take disciplinary action against or to expel a senator, but shall not apply to any action by the President under the provisions of Chapter 6 or any other provision of the rules.

Rule 17.2.  Select Committee on Discipline and Expulsion

A. Notwithstanding any other rule to the contrary, a resolution covered by this Chapter shall be referred to and be reported by a select committee, which is hereby created and which shall be designated the Select Committee on Discipline and Expulsion. The members of the select committee shall be composed of all members of the Senate; however, any senator who is the subject of a resolution to be considered by the committee is recused and shall not participate as a member thereof. Except as otherwise provided in this Chapter, Chapter 13 shall govern the procedure to be used and the actions to be taken by the select committee. No such resolution shall be referred at any time to a standing committee.

B. The President shall be the chairman of the committee and the President Pro Tempore shall be the vice chairman.

C. The Secretary of the Senate shall serve as secretary of the committee and shall be its chief administrative officer. He shall be responsible for taking, preserving, and certifying testimony, verbatim proceedings, and minutes of the meetings of the committee. He shall be the custodian of all its records and documents and shall perform such other duties in connection with its work as are directed by the committee or its chairman or by the Senate.

Rule 17.3.  Sergeant at Arms; duties

The Sergeant at Arms of the Senate shall serve as Sergeant at Arms of the select committee and shall perform services for the committee in accordance with his powers, duties, and functions otherwise set forth in these rules or as directed by the committee, its chairman, or the Senate.

Rule 17.4. Meetings; notice; quorum; vote; oath

A. All meetings of the Select Committee on Discipline and Expulsion shall be held in the Senate Chamber; Notice of meetings, insofar as practicable, shall be given in accordance with applicable rules of the Senate governing notice of meetings of standing committees during legislative sessions.

B. A majority of the total members of the committee shall constitute a quorum. The affirmative vote of majority of those present and voting, assuming a quorum, shall be required for actions of the committee.

C. Prior to consideration of any resolution referred to it or undertaking any business in connection therewith, except establishing a quorum, the members of the select committee shall subscribe to the following oath, which shall be administered by the secretary or, in his absence, by a person qualified to administer oaths selected by the chairman:

"I do solemnly swear (affirm) that in all things appertaining to the matters referred to this Select Committee and contained in Senate Resolution No.______ of ________, I will do impartial justice according to the Constitution and laws. I do solemnly swear that I will support the Constitution and laws of the United States and of this State, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Senate Select Committee on Discipline and Expulsion in the aforesaid matter, according to the best of my ability and understanding, so help me God."

Rule 17.5.  Employees

A. The chairman of the committee shall have authority to assign any employees of the Senate and, in necessary cases, to employ additional personnel, including but not limited to court reporters, to assist the committee in carrying out its functions and duties. He shall fix the terms and conditions and the compensation of personnel employed to assist the committee, and such employees shall be deemed to be employees of the Senate.

B. The chairman also shall have authority to direct the use of any facilities, equipment, and supplies of the Senate for use in connection with the work of the committee.

Rule 17.6.  Records

A verbatim record shall be made of all of the proceedings of the committee at each meeting, including all testimony of witnesses, shall be transcribed without delay, and shall be a public record. Written evidence presented shall be made a part of the record. Copies shall be made available, as prepared, to the members of the committee and its staff and to the senator involved in the proceeding and his legal counsel.

Rule 17.7.  Initiation of action; Senate resolution required

A. An action to expel or to discipline a senator shall be initiated only by a Senate resolution, which shall be in the form used by the Senate for such resolutions and shall bear a brief title indicative of its subject and purpose; shall set forth the causes and grounds for which expulsion or disciplinary action by the Senate is sought; and shall state the action sought to be taken by the Senate.

B. Each such resolution shall be introduced and, except as otherwise specifically provided in this Chapter, shall be subject to the processes established by these rules for Senate resolutions, particularly as set forth in Chapter 10 hereof.

Rule 17.8.  Procedure in the Senate

A. When a resolution seeking the expulsion of or disciplinary action against a senator is introduced, a motion to indefinitely postpone shall be in order. The motion shall require the favorable vote of a majority of the elected members for adoption. If no such motion is adopted, the Secretary shall direct the attention of the presiding officer to the fact of its introduction. The presiding officer then shall announce to the Senate the day and hour when the select committee shall commence it hearings on the resolution.

B. If the senator who is the subject of the resolution is present in the chamber when the resolution is introduced, the presiding officer shall cause the Sergeant at Arms to deliver to him a copy of the resolution and a copy of these rules, together with written notice of the day and hour when the committee will meet to commence its hearings.

C. If the senator is not present in the chamber, the presiding officer shall inquire of the Secretary whether or not he has answered roll call or cast any vote on that legislative day. If the Secretary informs him and the Senate that the senator has not answered roll call or cast any vote, the presiding officer shall (1) appoint legal counsel to represent the absent senator before the committee at all of its proceedings and (2) direct the Sergeant at Arms to locate the senator and deliver to him, and also to the attorney appointed by the presiding officer, a copy of the resolution, a copy of these rules, a written notice of the day and hour when the select committee will commence its hearings on the resolution, and the name, address, and telephone number of the legal counsel appointed to represent him unless and until he designates legal counsel of his own choice.

D. If, after reasonable effort, the Sergeant at Arms is unable to locate the absent senator or for any reason is unable to deliver to him the documents herein stipulated, delivery to the attorney appointed by the presiding officer shall be deemed sufficient notification to the senator. If at any time during the proceedings in the committee the absent senator selects legal counsel to represent him or if he appears in person and notifies the committee that he does not desire to represented, the attorney appointed by the presiding officer shall be discharged.

E. An attorney appointed to represent an absent senator shall be compensated in accordance with the terms and conditions and in the amount determined by the President as chairman of the committee. Such compensation shall be an expense of the committee, payable out of funds available to the Senate for expenses of the Senate and committees.

Rule 17.9. Procedure in committee

The Select Committee on Discipline and Expulsion shall provide to the senator who is the subject of the resolution under consideration all of the rights of a person to due process of law and, accordingly, shall:

(1) Conduct all hearings as public hearings, and only after informing the member in writing of the date and time of each meeting held for the purpose.

(2) Invite the member who is the subject of the hearing to attend all meetings of the committee in person and to be accompanied by legal counsel, or to be represented at the hearings by legal counsel of his choice if he is unable to be present.

(3) Afford the member full opportunity to be heard and to present witnesses on his behalf and extend to him the right to confront and to cross examine witnesses called by the committee.

(4) Advise the member immediately of the date and time of each meeting, in cases where the committee adjourns prior to completing its work and submitting its report to the Senate.

Rule 17.10. When meetings may be held; report privileged; Senate action

A. Notwithstanding any provisions of this Chapter or of these rules, meetings of and hearings conducted by the select committee may be called and held on any day and at any time when the Senate is not in session.

B. The report of the select committee shall be privileged and may be received and acted upon at any time.

Rule 17.11. Subpoena power; punishment for contempt

A. The select committee is hereby specifically and expressly granted the power and authority, with the written approval of the chairman of the committee, to hold hearings, subpoena witnesses, administer oaths, require the production of books and records, and to do all other things necessary to accomplish the purpose of its hearings and deliberations.

B. In the event a subpoena or subpoena duces tecum is not honored, the select committee also shall have the power to punish for contempt and to provide for the prosecution of any individual for refusal to testify, false swearing, or perjury before the select committee in accordance with law.

Rule 17.12. Receipt of resignation; authority of presiding officer

Notwithstanding any provisions of this Chapter, if, at the time a resolution covered by the provisions hereof is introduced, a written resignation signed by the senator who is the subject of the resolution has been received by the President, he may determine that no meeting of the select committee shall be held. If such a resignation is received by him after hearings by the committee have commenced, he shall have authority to terminate the meetings of the committee.

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