HCR 20

Abstract

Digest: The measure makes changes to LBPR 27 to limit the role of secrecy in investigations made under the rule. The measure says that a person being investigated has a right to a lawyer, with the costs paid for by the LEO, a right to discover evidence and question witnesses and a right to appeal to a court. The measure makes changes to the standard of proof for facts. (Flesch Readability Score 60.6). Modifies Legislative Branch Personnel Rule 27 to eliminate confidential reports or information being used for investigations performed under the rule by requiring disclosure at conclusion of investigation. Authorizes an investigation respondent to obtain independent counsel to be paid for by the Legislative Equity Officer. Provides that an investigation respondent has the right to discover evidence and depose witnesses. Requires that findings of fact must be established beyond a reasonable doubt. Provides that a respondent who is subject to remedial measures has the right to appeal the determination to a court for de novo judicial review. Provides that a person subject to the rule may not be accused of violating the rule for the same conduct that was previously not found to violate the rule.