Gaps in complaint process make it unclear how public can flag ethics violations by legislators
The website lists information on how to file complaints about
But want to file an ethics complaint against a legislator?
You won't find directions anywhere on MT.gov.
Even many legislators interviewed did not know how to do so. Some thought complaints must be filed to the Commissioner of Political Practices. But that office has no authority over the ethics of legislative acts. The responsibility to guard against abuses of power by legislators lies with legislators: the House and Senate Ethics Committees that have not met since 2001.
Some legislators admit
Legislators routinely vote on policies that would personally benefit their businesses because of the narrow definition of a conflict under state law. Rules do not block them from voting even if they declare a conflict. And no one ensures state officials fill out disclosure forms completely.
If someone were to spot a violation, there are no public instructions about how to file a complaint.
If a complaint makes its way to the ethics committees, they can dismiss it without calling a meeting or documenting the reasoning for a decision. There is no requirement to notify the filer of the outcome.
Unlike ethics complaints filed against other state officials, there is no public listing of reports against legislators and how they were resolved, nor are there confidentiality protections for involved parties. Even if a complaint is filed, ethics committees tasked with reviewing them cannot meet outside the 90-day legislative session held every two years.
More than a dozen legislators interviewed had not heard about most of those issues.
"Really? I didn't know that," said Senate Ethics Chairman
Helena attorney
"It's an area of concern to Montanans," he said, reflecting on his three years watchdogging
Motl said his office received several phone calls this year from people wanting to file complaints against legislators. He told them to email complaints to the chairs of legislative ethics committees or the Legislature's attorney. Only one did. Two complaints erroneously filed with the commissioner about legislators were forwarded to the Legislature.
"Anybody can file a complaint for whatever reason they feel is justified," said Rep.
Manzella's account of events is flawed but highlights common misconceptions about the process among legislators interviewed. When asked about the discrepancies, Manzella said she had not studied the rules in detail and had not recently reviewed the documents in question.
The complaint against Manzella was filed by
Nelson was concerned Manzella had used "taxpayer provided stationery with, assumedly, taxpayer provided postage" to send thank-you notes following a fundraiser for an injured community member, an event with no direct connection to state duties.
House Ethics Chairman
Nelson declined an interview request.
Spreadbury, who owns a Helena limo company, said Zolnikov earned enough money from those rides to constitute a financial interest that should exclude him from participating in the legislation.
Harris and Vice Chairwoman
"There's no way to move forward in
He did not know that his complaint had been forwarded from the commissioner's office to the
Zolnikov called the complaint "absurd" and echoed many other legislators who do not think conflicts should automatically disqualify someone from participating in bill drafting or votes.
"There were insurance agents on the committee who knew insurance. Is it a conflict of interest if they carry a bill about insurance? Or is it the smartest thing because they can tell if the lobbyists are telling the truth or not?" he said. "It's a double-edged sword."
Nearly every legislator interviewed believed they do an adequate job of policing their own members, mostly through informal conversations.
"You don't come up here to personally benefit yourself. It typically costs you more money to be up here than if you stayed at home and paid attention to your knitting,"
"Legislators are notoriously bad at overseeing their peers," said Wonderlich, who leads the country's primary nonpartisan nonprofit that advocates for government transparency and the public's right to know.
One example of how legislators manage those decisions can be found in 2010. It involves Harris, the current House Ethics Chairman.
A week after being elected to his first term, the
At the time, Harris said the change would make securing customers "more cumbersome" and cost some outfitters money.
Despite a report in the
Shortly after introducing the bill in March, Harris tabled the proposal, which was opposed even by the main outfitters lobbying group.
"I had always planned to table it," Harris said recently, describing his bill as an attempt to clarify how the state would reimburse outfitters, if at all, for hundreds of thousands of dollars in licenses already purchased. "I didn't try to be secretive about any of it. I don't see a problem with that, where it was so blatantly damaging to people. They got robbed by a change in the law."
Sen.
"It struck me as a clear violation of the conflict of interest rules," Phillips said. "We haven't needed to meet because people found the error of their ways on their own and stood down on their own like
"Some people have probably kept their head down, not drawn attention to their conflicts, and benefited from the passage of legislation. I've never gotten the impression it's a problem," he said.
Wonderlich found it unlikely that legislators were heading off all conflicts with hallway conversations. Even if they were, he said that informal system provides no guarantees for the public and leaves criminal investigators with less material to draw from should they try to build a case against someone whose ethical violations were also criminal acts. Inadequate conflict of interest laws make the Legislature vulnerable to abuse and too weak to respond should that self-policing culture fail in the future, he said.
"I'm sympathetic to the idea that ethics should be responsive to people's norms and expectations," Wonderlich said, noting that the
He said
"If you care about accountability and transparency in government, there has to be a clear, well-publicized path for citizens to file ethics complaints about legislators and have them seriously adjudicated," he said.
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