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SF 29: PUBLIC EMPLOYEES AND OFFICIALS ETHICS ACT - 1997 General Session

Sponsor: Joint Corporations, Elections & Political Subdivisions Interim Committee

SF 29 was an attempt to respond to public concern about ethics in state government. Its death, along with that of HB 284, Public Employees and Officials Ethics Act - 3, which was killed in the House Minerals, Business & Economic Development Committee without a vote, helped spark the drive for the Wyoming Ethics Initiative.

(HB 284 was sponsored by Rep. Cale Case, R-H54, Lander, and co-sponsored by Reps. Bill Bensel (D-H30, Sheridan), Wayne Johnson (R-H9, Cheyenne), Mike Massie (D-H13, Laramie), Pat Nagel (R-H56, Casper), Phil Nicholas (R-H14, Laramie), and Rick Tempest (R-H37, Casper).)

SF 29 prohibited public officials, members, or employees from:

    • using their offices to secure employment or the award of a contract for themselves, their families, or business associates;
    • making or participating in a government decision in which the public person, his/her family, or his/her business associates have an economic interest, except in cases where a member of a board is appointed to represent a specific economic class or interest;
    • serving in a governmental regulatory agency regulating any business in which the public official or employee has an economic interest;
    • accepting anything of value, except reimbursements for speaking to groups (speaking fees were allowed if the public official or employee was not paid by his governmental employer for the speech);
    • using government personnel, equipment, materials, funds, or facilities for an election campaign or private purposes, except for public facilities available to candidates or committees on similar terms;
    • receiving or approving payment for time, hours, or services not performed;
    • using or disclosing confidential information to affect a personal, family, or business economic interest;
    • using their official status to obtain the employment, appointment, promotion, transfer, or advancement of a family member to a public office or position; or
    • participating in governmental actions relating to the discipline of a family member.

Under the definitions of SF 29, "public official" included any elected or appointed official of the state, a county, a municipality, or a political subdivision. "Family member" included spouse, parent, sibling, child, in-laws, and grandchildren.

SF 29 established a Public Ethics Review Committee for investigation of ethics complaints against state officials, members, or employees, and also designated the proper venues for complaints at lower levels of government.

The Public Ethics Review Committee would consist of five members appointed as follows: One public employee, member, or official appointed by the Chief Justice of the Wyoming Supreme Court; one public employee, member, or official of a political subdivision of the state, appointed by the Governor; and three members who are not public employees, members, or officials, appointed by the Governor, Speaker of the House, and President of the Senate (one each).

The Public Ethics Review Committee was also empowered to conduct training sessions and workshops on ethics, and to answer inquiries about ethics and interpretation of the ethics law.

Finally, SF 29 provided penalties for violation of the law, including imprisonment, fines, and recovery of anything of value, in addition to any other remedies provided by existing statutes.

SF 29 was referred to the Senate Corporations, Elections & Political Subdivisions Committee, where it was approved on a 3-2 vote. Because it carried an appropriation, it was re-referred to the Senate Appropriations Committee, where it passed 5-0. It then died on General File in the Senate (was not brought up for debate).

The votes listed below are the Senate Corporations, Elections & Political Subdivisions Committee vote and the Senate Appropriations Committee vote.

A YES vote means the senator favored an ethics bill for public officials, members and employees.

A NO vote means the senator opposed an ethics bill.

 

 

 SENATE CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS

Vote

Sen. Carroll Miller, Chair (R-S19, Shell)

Yes

Sen. Bill Barton (R-S1, Upton)

No

Sen. Dick Erb (R-S24, Gillette)

No

Sen. Rae Lynn Job (D-S12, Rock Springs)

Yes

Sen. Jayne Mockler (D-S8, Cheyenne)

Yes

 

 SENATE APPROPRIATIONS COMMITTEE

Vote

Sen. Tom Kinnison, Chair (R-S21, Sheridan)

Yes

Sen. Mark Harris (D-S14, Green River)

Yes

Sen. Larry Gilbertz (R-S23, Gillette)

Yes

Sen. John Schiffer (R-S22, Kaycee)

Yes

Sen. John Vinich (D-S25, Hudson)

Yes


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