AMENDING THE SENATE RULES RELATING TO ETHICS.

No member of the Senate shall be subject to a charge for misconduct, disorderly behavior, or neglect of duty unless [the person] any Senator or member of the public making the charge shall have first given notice of the charge to the [President] Special Committee on Ethics and to the member being charged. The Special Committee on Ethics shall be composed of four members appointed by the Senate President, two from the majority party and two from the minority party. The Senate President shall designate two co-chairs, one from each party. Investigations done and hearings held by the Special Committee shall be confidential. Members of the Special Committee shall recuse themselves if they are the subject of the complaint, have a business or family relationship with either the complainant or the Senator charged, or have a relationship to the Senator, complainant, or nexus of the complaint so that the Senator believes that he or she cannot be impartial. In the case of a recusal, the Senate President shall temporarily appoint another member, except in the situation where the President is the Senator complained of, in which case the choice of replacement shall be made by the next highest-ranking member of the majority caucus who is not involved in the complaint.

During the pendency of any investigation, there shall be no ex parte oral communications or queries initiated by non-members of the Special Committee to members of that Committee concerning the investigation; provided that any Senator may provide testimony in writing to the Committee concerning the truth or falsity of the allegations.

Upon receipt of the charge, the [President] Special Committee on Ethics shall attempt to resolve the matter [in an administrative proceeding. If the matter cannot be resolved administratively, the President may appoint a Special Committee to be chaired by the Vice-President or such other member as the President may designate to investigate, hear and report upon the conduct of the member charged for misconduct, disorderly behavior or neglect of duty.]. Any member so charged shall be informed in writing of the specific charge or charges made against the member and have opportunity to present evidence and be heard in the member's own defense before the Special Committee.

(1) If the Special Committee on Ethics finds that it has the ability to review the case, the Special Committee on Ethics shall do so; or

(2) If the Special Committee finds that investigatory expertise is necessary or the volume or timing of the complaint or complaint exceeds its capacity to review the case in a timely manner, the Special Committee on Ethics shall refer the matter to the Ethics Commission pursuant to section 84-31, Hawaii Revised Statutes. If the Ethics Commission, after investigation, determines that there is sufficient cause to file a complaint, the commission shall issue a complaint and refer the matter back to the Special Committee, pursuant to section 84-32, Hawaii Revised Statutes. The Special Committee shall have fifteen calendar days to review the complaint and file its report.

[Following its] If the Special Committee initiates its own investigation and hearing under paragraph (1), the Special Committee shall file its report with the President setting forth its findings and recommendations [.] within thirty calendar days of receipt. If the Special Committee is unable to complete its investigation and file its report within the thirty days, the co-chairs may petition the President for additional time to complete the report, up to an additional thirty calendar days, upon good cause shown. If the Special Committee fails to file its report within the allotted time, notice shall be given to the Senate President and jurisdiction over the matter shall be transferred automatically to the full Senate.

If the committee recommends dismissal of the charge or charges, the President may dismiss the charges without further hearing, or the President may present the report of the committee to the Senate for its consideration.

If the committee recommends private censure, the President may concur and permit the private censure to be imposed by the committee, or the President may present the report of the committee to the Senate for its consideration. The Senate, by a majority vote, may dismiss the charge or charges against the member without a hearing.

[If there is no dismissal of the charge or charges, or if] If the committee recommends public censure, suspension or expulsion[,]; or if the Ethics Commission issues a complaint under paragraph (2), the [President] Special Committee on Ethics shall present the report of the committee to the Senate for its consideration and decision. The member who is charged[,] shall be informed in writing of the presentation of the charge or charges of the committee report to the Senate and be given an opportunity to be heard in the member's own defense. The Senate, by a majority vote, may dismiss the charge or charges without a hearing, or with notice and an opportunity to be heard in the member's own defense, censure a member or, upon a two-thirds vote of all the members of the Senate, suspend or expel a member. The Special Committee on Ethics may act under this rule within its authority regardless of whether the Senate is in session.

At any stage of the charge against a member, the member shall have a right to be represented by a person or persons of the member's own choosing.; and