National Conference of State Legislatures - The Forum for America's Ideas
Legislatures & Elections » Ethics » 50 State Chart: State Ethics Commissions: When is a Complaint Made Public?
Go 22279
Share Send a comment

Ethics Commissions: When Is a Complaint Made Public?

Updated February 2011

Return to Ethics Oversight homepage | Ethics Complaints Overview

This data is based on a survey by the Center for Ethics in Government. “No response” indicates that the commission did not provide an answer to the question.

 At what point is the complaint made public?

Most ethics commissions—except the Louisiana Board of Ethics, the Mississippi Ethics Commission, and the Illinois Executive Ethics Commission—release ethics complaints to the public, but they vary on when they publicize complaints. At least six commissions make a complaint available to the public as soon as it is received or filed, including commissions in Alaska, California, Montana, New Jersey, Rhode Island and the Washington State Public Disclosure Commission. The Colorado Independent Ethics Commission makes a complaint public after determining it is not frivolous. Commissions in Florida and Nevada, the Alaska Legislative Ethics Committee and the Washington State Legislative Ethics Board make complaints public after completing an initial investigation to determine whether sufficient cause exists to pursue the matter. Commissions in Alabama, Connecticut, Kansas, Oregon, Tennessee, West Virginia, both commissions in Indiana and the New York State Commission on Public Integrity all require a finding of probable cause that a violation has occurred before making complaints public.  

At least 15 commissions in Arkansas, Illinois, Kentucky (both), Michigan, Minnesota, Missouri, New Jersey State Ethics Commission, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Utah and Wisconsin release the complaint after final decisions are made, individuals have been charged or final action is taken. The Georgia State Ethics Commission makes a complaint available to the public on the date that the complaint is mailed to the respondent. Commissions in Hawaii, North Carolina and Tennessee publish a complaint only after a hearing is held. In addition, at least 11 commissions including the Alaska Legislative Ethics Committee and commissions in Connecticut, Delaware, Florida, Maine, Maryland, Nebraska, Nevada, South Carolina, Tennessee and West Virginia release the complaint anytime during the process, if the subject of the complaint waives confidentiality.

Note: This chart shows selected statutes of ethics commissions. Some commissions that do not have statutory requirements may include them in their rules and regulations.

AL | AK | AZ | AR | CA | CO | CT | DE | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WI | WY |

Commission

when is a complaint made public?

Alabama Ethics Commission

§ 36-25-4

Only upon a finding by the Commission that there is probable cause that the law has been violated or where the Commission determines that the case should be closed.

Alaska Legislative Ethics Committee

A complaint is not made public unless the committee has conducted an investigation and issued a dismissal order or a finding of probable cause. However, only the dismissal order or finding of probable cause is released. The complaint itself and accompanying investigative material is considered confidential by statute and is not released. The subject has the right to waive confidentiality but this waiver does not waive the committee's confidentiality as required by statute.

Alaska Public Offices Commission

 The complaint itself is available to the public once filed and received by the Commission.

Arizona

No ethics commission

Arkansas Ethics Commission

§ 7-6-218

After final action has been taken.

California Fair Political Practices Commission

§ 18360

Once a sworn complaint is received it is available to the public. Additionally, we must provide a copy of the complaint to the person complained of within 3 days of our receipt. Within 14 days of our receipt, we will inform the complainant (and confirm for the media) if we will investigate the allegations. Complaints can be resolved through staff letters or Commission fines. A letter finds either: no violation, no provable violation (advisory letter), a violation not warranting a fine (warning letter). These letters are posted on our website 10 days after issuance to the party complained against. http://www.fppc.ca.gov/index.php?id=539

Colorado Independent Ethics Commission

Colorado Constitution, Article XXIX, Sec 5; Rules of Procedure (7)

The complaint is public once the Commission has determined that it is not frivolous. The constitution only provides for confidentially of frivolous complaints.  If the commission receives an open records act request, it must turn over complaints dismissed for any reason except frivolous.     

Connecticut Office of State Ethics

§ 1-82

An investigation conducted prior to a probable cause finding shall be confidential except upon the request of the respondent. Upon the respondent’s request only, the OSE may publish the findings and the accompanying summary. If a judge trial referee makes a finding of probable cause after a probable cause hearing, that finding must be made public within five days. This means that the entire record of the investigation will become public.

Delaware State Public Integrity Commission

§ 5807

If a violation is found or the person charged waives confidentiality.

Florida Commission on Ethics

§ 112.324

At the point the Commission decides not to order an investigation, at the point the Commission decides after preliminary investigation whether probable cause exists, or at the point it is waived by the subject official.

Georgia State Ethics Commission

§21-5-1

The complaint and any response to the complaint by the Respondent are public records after a copy of the complaint has been delivered to the Respondent.

Hawaii State Ethics Commission

§ 84-31

If after due diligence service cannot be effected successfully in accordance with the above, service may be made by publication if so ordered by the circuit court of the circuit wherein the alleged violator last resided. Upon the commission’s issuance of a notice of hearing, a decision of the commissioned rendered after a hearing together with the findings and the record of the proceeding shall be a public record.

Idaho

No ethics commission

Illinois Office of the Legislative Inspector General

5 ILCS 430/25- 430/52

(1)Final decisions rendered by the Commission pursuant to hearing. (2)Whenever a report of the Legislative General filed with the Commission results suspension of an employee for three days or more. (3) Other reports filed by the Inspector General within the discretion of the Commission.

Illinois Executive Ethics Commission

The complaint is never made public.

Indiana Lobby Registration Commission

If there is probable cause to believe that a violation has occurred, the procedures employed thereafter are public.

Office of the Indiana Inspector General and Indiana State Ethics Commission

§ 4-2-6-4(D)

A complaint remains confidential until there is a finding of probable cause by the Commission.

Iowa Ethics and Campaign Disclosure Board

§ 68B.32B

When complaint info is made public: No response

Kansas Governmental Ethics Commission

§25-4161

After a probable cause determination is made on the complaint.

Kentucky Legislative Ethics Commission

§ 6.686

Upon final determination by the commission. If the complainant publicly discloses the existence of a preliminary inquiry, the commission may publicly confirm the existence of the inquiry and at its own discretion, make pubic any pertinent documents.

Kentucky Executive Branch Ethics Commission

§ 11A.080

Upon final determination by the commission. If the complainant publicly discloses the existence of a preliminary inquiry, the commission may publicly confirm the existence of the inquiry and at its own discretion, make pubic any pertinent documents.

Louisiana Board of Ethics

§ 42:1141

It is not made public.

Maine Commission on Governmental Ethics and Election Practices

§ 1013

A complaint alleging a violation of legislative ethics is confidential and is not public record until after the commission has voted to pursue the complaint. If the commission does not vote to pursue the complaint, the complaint and records relating to the investigation of that complaint remain confidential and are not public records unless the Legislator against whom the complaint is made submits a written request that the complaint and all accompanying materials be made public.

Maryland State Ethics Commission

§ 15-407

Upon the finding of a violation or an admission/settlement of the complaint. The Respondent may authorize the release of any information by the Commission at any time, provided the authorization is in writing.

Massachusetts State Ethics Commission

§ 268B Sec. 4

Commissioners and staff are required by statute to keep all matters, including complaints and complainant identities, confidential. The allegations or existence of a complaint may be made public if a.) a matter is resolved publicly through a Commission-issued decision or through a negotiated settlement agreement that has been approved by the Commission; or b.) upon the issuance of an order to show cause by the Commission's Enforcement Division. In complaints that are resolved privately, the Commission does not confirm or deny the existence of such a complaint. Commission adjudicatory proceedings, initiated by the issuance of an order to show cause, are public proceedings.


Michigan State Board of Ethics

When the decision of the Board is rendered.

Minnesota Campaign Finance and Public Disclosure Board

§ 10A.02

After the Board issues its findings.

Mississippi Ethics Commission

§ 25-4-23

It is not made public; all complaints, investigations, and investigative records are confidential until and unless the Commission votes to remove confidentiality.

Missouri Ethics Commission

§ 105.961

After Commission’s final action.

Montana Commissioner of Political Practices

§2-2-136(4)

As soon as it is received. Code of Ethics complaints are released on receipt of a waiver of confidentiality signed by the person the complaint is against.

Nebraska Accountability and Disclosure Commission

§ 49-14,124.01

The complaint is made public if: a) the Commission after hearing or settlement agreement finds a violation has occurred; or b) if the subject of the complaint requests that it be made public.

Nevada Commission on Ethics

§ 281A.440

After an investigation is completed, a panel of two commissioners determines whether just and sufficient cause exists to forward the matter to the full Commission for hearing. If cause is found, the matter becomes public. If not, it remains confidential unless waived by the subject of the Complaint.

New Hampshire

No ethics commission

New Jersey Election Law Enforcement Commission

Following commission issuance of complaint.

New Jersey State Ethics Commission After final disposition

New Mexico

No ethics commission

New York State Commission on Public Integrity

§ 94-17

When the Commission issues a Notice of Reasonable Cause alleging that a violation has occurred.

New York State Legislative Ethics Commission

No response

North Carolina State Ethics Commission

§138A-12

Once a hearing is held, all documents become public record. If no hearing is held, all documents become public when the Commission reports its recommendations to the employing entity of the subject of the investigation.

North Dakota

No ethics commission

Ohio Ethics Commission

§ 102.06

Upon a prosecutor making a decision on prosecution or upon request by the accused person.

Oklahoma Ethics Commission

Upon final determination contents of public reprimand, settlement agreement or evidence admitted at trial are public.

Oregon Government Ethics Commission

§244.260

All case related materials and proceedings shall be open to the public after the commission makes a finding of cause to undertake an investigation, dismisses a complaint or rescinds a motion.

Pennsylvania State Ethics Commission

§ 1108h

Final orders are available as public documents, but the files and records of the commission  relating to the case, including identifying information, shall remain confidential.  

Rhode Island Ethics Commission

§36-14-12

Upon filing, or if the complaint is dismissed.

South Carolina Ethics Commission

§ 8-13-320

All complaints are confidential until final disposition or until the respondent provides the commission with a written waiver.

South Dakota

No ethics commission

Tennessee Bureau of Ethics and Campaign Finance

§ 3-6-202

1.) At anytime the alleged violator requests that it be made public. 2.) The date of the public hearing, if one is held.  3.) The date the Commission refers a matter to the general assembly its determination that probable cause exists to believe that a general assembly member has committed an act constituting misuse of office for public financial gain. 4.)Sixty days after the date the report of the Commission is issued with a determination of no probable cause, if a probable cause hearing is not requested. 5.) Sixty days after the date the Commission issues a finding of no probable cause from a probable cause hearing.

Texas Ethics Commission

§ 571.140

Only an order of dismissal or order determining that only technical or de minimis violations occurred remains confidential.

Utah Independent Ethics Commission

JR 6-3-102 (1)(b)

When the commission refers the complaint to an ethics committee for review, when the respondent voluntarily discloses the commission's findings that no allegations were proved, or after the commission makes recommendations on the complaint.

Vermont

No ethics commission

Virginia

No ethics commission

Washington State Legislative Ethics Board

§ 42.52.430

Upon completion of its preliminary investigation, the Board will issue a public order stating whether or not it has found "reasonable cause" to believe there has been a violation of the Ethics Act. Any proceedings following a finding of reasonable cause (a hearing for instance) are public.

Washington Public Disclosure Board

When it is received.  Once the investigation starts, the complaint is posted online.

Washington Executive Ethics Board

After respondent has been sent a copy of the complaint.

West Virginia Ethics Commission

§6B-2-4

It remains confidential until and unless probable cause is found at which point it proceeds to a public hearing. A complaint may be released if agreed to in writing by the respondent.

Wisconsin Government Accountability Board

§ 5.05

Conclusion of investigation under certain circumstances.

Wyoming

No ethics commission

 

 

 

Issues & Resources

Find the NCSLstaff member who handles the issue in which you are interested.

NCSLprovides access to current state and federal legislation and a comprehensive list of state documents, including state statutes, constitutions, legislative audits and research reports.

Members

As legislators and legislative staff, you are part of the nation's largest, most influential and only bipartisan organization of state legislators and staff.Learn about the resources NCSL has for you.

NCSL offers an array of services for legislative staff. Find out what's available.

Denver Office
Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230

 

Washington Office
Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001

©2013 National Conference of State Legislatures.  All Rights Reserved.