A.3. Ethics Investigations

The Ethics Panel must investigate ethics claims against members of Congress and other legislative staff.

This is not subject to a lot of interpretation. The language is cut-and-dried. If it receives a complaint, the Panel has no choice; it must investigate. The only real question, and it is one not covered in the Charter’s text, is who can file a claim or complaint, and how? That is a matter for the chamber’s rules, but best practice would be to set up a submission procedure with the name of the subject(s), the alleged infraction, and the supporting evidence. Chambers would probably require a complaint to be accompanied by a factual statement outlining one or more specific behaviors (as opposed to, “they’re just corrupt, I know it”) in question.

Although details of complaints may be kept confidential, the fact that a complaint has been raised must be publicly recorded in the Congressional Record. This record of complaint must include the name(s) of the Member(s) and/or staff under investigation, and a brief title stating the nature of the complaint.

This is an important provision that keeps the Panel honest. Every complaint they receive has to be documented. The details may be confidential, but the fact that a complaint has been raised can’t be.

If it finds clear and convincing evidence of wrongdoing, the Panel must refer the complaint to the full chamber, with recommendations for action.

“Clear and convincing” evidence is not an extremely high bar. It’s lower than both civil and criminal standards of evidence in court. Why? The purpose of the Ethics Panel is to investigate the behavior in question and act sort of like a grand jury. They decide if there is enough to bring the matter to the whole chamber. If so, they give their recommendations on the matter. Nothing more. They don’t decide guilt. They don’t refer anything to civil authorities for prosecution. They just gather evidence and decide whether or not that evidence is clear and compelling enough to warrant a broader debate in open session.

Regardless of whether the Panel votes as a body to recommend action, the votes by Panel members must be part of the Congressional Record, as well.

This final requirement keeps the Panel accountable. Though the details of the investigation may (or may not) be confidential, each member’s vote is recorded. If they vote against referral, they can always say, “I didn’t think there was enough evidence to support it.” But the question can still be asked. The people will know what their vote was. That’s vital.