Public ethics act violations-removal from office.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0215

HOUSE BILL
NO.

HB0138

Public ethics act violations-removal from office.

Sponsored by:
Representative(s) Lubnau, Berger and Brown and Senator(s) Bebout

A BILL

for

AN ACT relating to administration of the government; providing procedures for the removal of
a
local
official
from office for violation of the
Ethics and Disclosure Act

as speci
fi
ed; providing for appeal
s
;
providing definitions;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 9
‑
13
‑
110
through
9
‑
13
‑
11
2

are
created to read:

9
‑
13
‑
110.

Removal from
local
office; procedure; appeal.

(a)

Except for
local
officials whose procedure for
removal
from office is provided by the constitution of the
state of Wyoming or by
another
specific statute, a
local
official
subject to removal
from office
for a violation of this act
may be removed
as provided in this section.

(
b
)

Whenever it appears to a majority of a local board, commission or council based on the verified complaint of at least two (2) qualified electors of the political subdivision for which the local
official
or local public member is elected that the
local
official
or local public member
has violated this act, the local board, commission or council
may direct
an
attorney

representing the same
to commence and prosecute an action in the district court of the county
in which the
local
official
or local public member
resides
asking for the removal of the
local
official
or local public member
. The action shall be commenced by the filing of a verified petition in the name of the
local board, commission or council
signed by the
attorney,
setting forth the facts constituting the violation of this act.

(
c
)

W
henever it appears to a majority of
a

municipal

governing body

based on the verified complaint of at least two (2) qualified electors of the
municipality

that
a

municipal

o
fficial
has violated this act, the governing
body
may direct th
e attorney for the municipality
to commence and prosecute an action in the district court of the county in which the
municipal

official

resides asking for the removal of the
municipal

official
. The action shall be commenced by the filing of a verified petition in the name of the
municipal governing body signed by the
attorney

setting forth the facts constituting the violation.

(
d
)

W
henever it appears to a majority of
a
county

co
mmission

based on the verified complaint of at least two (2) qualified electors of the
county
for which the
county

official
is elect
ed that
a

county
o
fficial
has violated this act, they may direct the
county attorney
to commence and prosecute an action in the district court of the county in which the
county

official

resides asking for the removal of the
county

official
.
If the
county
attorney
is the county official who is alleged to have violated this act, the county commission shall request that the attorney general prosecute the action.
The action shall be commenced by the filing of a verified petition in the name of the
county

co
mmission
signed by the
attorney
setting forth the facts constituting the violation of this act.

(
e
)

Upon filing of a
petition
under subsections (
b
) through (d) of this section
,
a summons and a copy of the petition shall be served on the defendant as
provided
for
civil

actions by the Wyoming
R
ules of
C
ivil
P
rocedure
. The answer shall be
served
as provided for civil
actions

by Rule 12(b) of the Wyoming Rules of Civil Procedure
. The petition and answer are the only pleadings allowed and the allegations of the answer so far as they conflict with the petition shall be considered denied without a reply.

(
f
)

The action shall be tried in a summary manner by the district court with or without a jury not less than five (5) days
nor
more than thirty (30) days after
the
answer
is served
. At the trial all questions touching the sufficiency or certainty of the allegations of the petition or answer shall be heard and determined and amendments which are not inconsistent with the original pleadings shall be authorized to be made at once and shall not delay the trial. If the court finds
by a preponderance of the evidence
the defendant
violated
this act
as charged in the petition, a judgment shall be entered removing the defendant from office and taxing against him the costs of the action.

(
g
)

The judge of a district court in which an action for the removal of a
local official
is pending, if unable to try the action within the period provided by this section, shall
request another
district judge
hear the action
.

(
h
)

Whenever a vacancy occurs in any office
as a result
of this section, it shall be filled as provided by law.

(
j
)

This section is supplemental to all other statutes concerning removal of
local
officials
.

Nothing in this section shall be construed to limit causes for removal of a
local
official as otherwise provided by law.

9
‑
13
‑
11
1
.

Hearing by the
supreme court
.

Either party may
appeal an order of the district court under W.S. 9
‑
13
‑
110 to the

supreme court
in accordance with the Wyoming Rules of Appellate Procedure.
No
pending appeal
shall suspend or supersede a judgment of the district court removing
the

public official
,
and the

local
official
shall be suspended and barred from performing the duties of his
office from the time of the entry of such judgment so long as the same remains
unreversed
.

9
‑
13
‑
112
.

Criminal statutes neither repealed nor barred.

Nothing in W.S.
9
‑
13
‑
110 and 9
‑
13
‑
111
shall be construed as repealing any law making it a crime or misdemeanor for
any
local
official
to violate statutes of this state and providing a punishment for the violation. Proceedings under W.S.
9
‑
13
‑
110 and 9
‑
13
‑
111
shall not bar proceedings under any criminal statute.

Section 2.

W.S. 9
‑
13
‑
102(
a)(vii)
,

by creating ne
w paragraphs (xvii) through (xx
i
) and by amending and renumbering
(xvii)
as (xx
ii
)
is amended to read:

9
‑
13
‑
102.

Definitions.

(a)

As used in this article:

(vii)

"Local office" means the offices of county commissioner, county treasurer, county assessor, county clerk, county sheriff, county coroner, district attorney,
county attorney, mayor and member of the
council

governing body
of a municipality, member of the board of trustees of a community college district or a school district and member of a joint powers board or special district
;
. As used in this paragraph "special district"

means any special district specified under W.S. 22-29-103(a) and any other corporate district authorized to be formed as a political subdivision under the laws of this state;

(xvii)

"C
ounty official
" means a
county
wide elected
local office holder who is not a member of the county commission;

(xviii)

"Local board
,
commission or council" means a governing body of a municipality, a county commission, the board of trustees of a community college district or school district, a joint powers board or special district board;

(x
ix
)

"L
ocal public member
" means a part time member of a municipal or county board, commission or council, member of the board of trustees of a community colleg
e district or school district,
a joint powers board or special district board
;

(xix
)

"Local official" means the holder of a local office;

(
xx
)

"
Municipal

official
" means an elected
municipal
office holder who is not a member of the municipal
governing body
;

(xxi)

"Special district" means any special district specified under W.S. 22-29-103(a) and any other corporate district authorized to be formed as a political subdivision under the laws of this state;

(xvii)
(xxi
i
)

"This act" means W.S. 9
‑
13
‑
101 through
9
‑
13
‑
109

9
‑
13
‑
112
.

Section
3
.

T
his act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0138