Judges: WILLIAM L. WEBSTER, Attorney General
Filed Date: 12/31/1992
Status: Precedential
Modified Date: 7/5/2016
The Honorable Roy D. Blunt Secretary of State State Capitol Building Jefferson City, Missouri 65101
and
James R. Moody Commissioner of Administration State Capitol Building, Room 125 Jefferson City, Missouri 65101
Dear Secretary Blunt and Commissioner Moody:
Each of you has requested an opinion of this office in response to questions concerning the Missouri Ethics Commission. The questions posed by Secretary Blunt are:
1. Since the Missouri Ethics Commission will have no members on January 1, 1993, can said Commission perform the duties and responsibilities assigned to said Commission with respect to [Chapter] 105 and [Chapter] 130, RSMo (1991)?
2. Since the Missouri Ethics Commission will have no members on January 1, 1993, does the Secretary of State have any responsibility and/or obligation to turn over reports previously filed with the Secretary of State to said Commission as set forth in Section
105.955 .12, RSMo (1991)?3. Where are the reports, required under [Chapter] 105 and [Chapter] 130 RSMo, to be filed as of January 1, 1993, since the Missouri Ethics Commission does not yet have any members?
The questions posed by Commissioner Moody are:
1. Are the staff of the Campaign [Finance] Review Board transferred to the Missouri Ethics Commission as of January 1, 1993, even if the commissioners have not been appointed on that date?
2. Are the campaign reporting staff housed in the Secretary of State's office to be transferred to the Missouri Ethics Commission, and if so, what is the effective date of that transfer?
3. If no commissioners are appointed as of January 1, 1993, and therefore, no administrative secretary of the Commission has been appointed to handle the operations of the Commission, who, if anyone, has authority to authorize expenditures on behalf of the Commission beginning January 1, 1993?
Section
105.955 . Ethics commission established — appointment — qualifications — terms — vacancies — removal — restrictions — compensation — administrative secretary — filings required — investigators — powers and duties of commission — advisory opinions — audits. — 1. A bipartisan "Missouri Ethics Commission", composed of six members, is hereby established. The commission shall be assigned to the office of administration with supervision by the office of administration only for budgeting and reporting as provided by subdivisions (4) and (5) of subsection 6 of section 1 of the Reorganization Act of 1974. Supervision by the office of administration shall not extend to matters relating to policies, regulative functions or appeals from decisions of the commission, and the commissioner of administration, any employee of the office of administration, or the governor, either directly or indirectly, shall not participate or interfere with the activities of the commission in any manner not specifically provided by law and shall not in any manner interfere with the budget request of or withhold any moneys appropriated to the commission by the general assembly. All members of the commission shall be appointed by the governor with the advice and consent of the senate from lists submitted pursuant to this section. Each congressional district committee of the political parties having the two highest number of votes cast for their candidate for governor at the last gubernatorial election shall submit two names of eligible nominees for membership on the commission to the governor, and the governor shall select six members from such nominees to serve on the commission. [Emphasis added.]
Several statutory provisions set out the responsibilities of the Commission. Section
11. The commission shall appoint an administrative secretary who shall serve subject to the supervision of and the pleasure of the commission, but in no event for more than six years. The administrative secretary shall be responsible for the administrative operations of the commission and perform such other duties as may be delegated or assigned to him by law or by rule of the commission. The administrative secretary shall employ staff and retain such contract services as he deems necessary, within the limits authorized by appropriations by the general assembly. [Emphasis added.]
Section
12. Beginning on January 1, 1993, all lobbyist registration and expenditure reports filed pursuant to section
105.470 , financial interest statements filed pursuant to subdivision (1) of section105.489 , and campaign finance disclosure reports filed other than with election authorities or local election authorities as provided by section130.026 , RSMo, shall be filed with the commission. All such reports and statements filed prior to that date with the secretary of state and clerk of the house of representatives and secretary of the senate shall be transferred to the commission.
Section
14. The commission shall have the following duties and responsibilities relevant to the impartial and effective enforcement of sections
105.450 to 105.498 and chapter 130, RSMo, as provided in sections105.955 to105.963 :(1) Receive and review complaints regarding alleged violation of sections
105.450 to 105.498 and chapter 130, RSMo, conduct initial reviews and investigations regarding such complaints as provided herein; refer complaints to appropriate prosecuting authorities and appropriate disciplinary authorities along with recommendations for sanctions; and initiate judicial proceedings as allowed by sections105.955 to105.963 ;(2) Review and audit any reports and statements required by the campaign finance disclosure laws contained in chapter 130, RSMo, and financial interest disclosure laws or lobbyist registration and reporting laws as provided by sections
105.470 to105.492 , for timeliness, accuracy and completeness of content as provided in sections105.955 to105.963 ;(3) Develop appropriate systems to file and maintain an index of all such reports and statements to facilitate public access to such information, except as may be limited by confidentiality requirements otherwise provided by law, including cross-checking of information contained in such statements and reports. The commission may enter into contracts with the appropriate filing officers to effectuate such system. Such filing officers shall cooperate as necessary with the commission as reasonable and necessary to effectuate such purpose;
(4) Provide information and assistance to lobbyists, elected and appointed officials, and employees of the state and political subdivisions in carrying out the provisions of sections
105.450 to 105.498 and chapter 130, RSMo;(5) Make recommendations to the governor and general assembly or any state agency on the need for further legislation with respect to the ethical conduct of public officials and employees and to advise state and local government in the development of local government codes of ethics and methods of disclosing conflicts of interest as the commission may deem appropriate to promote high ethical standards among all elected and appointed officials or employees of the state or any political subdivision thereof and lobbyists;
(6) Render advisory opinions as provided by this section;
(7) Promulgate rules relating to its internal procedures necessary for the efficient administration of the provisions of sections
105.955 to105.963 . All rules and regulations issued by the commission shall be prospective only in operation;(8) Request and receive from the officials and entities identified in subdivision (6) of section
105.450 designations of decision-making public servants.
Sections
Section
5. The administrative secretary of the Missouri ethics commission shall collect such late filing fees as are provided for in this section. Unpaid late filing fees shall be collected by action filed by the commission. All late filing fees collected pursuant to this section shall be transmitted to the state treasurer and deposited to the general revenue fund.
* * *
7. This section shall become effective January 1, 1993.
Section
105.470 . Definitions — duties of lobbyist — report required, contents — exceptions — penalties. —
* * *
2. Each lobbyist shall, not later than five days after beginning any activities as an executive lobbyist or a legislative lobbyist, file standardized registration forms, verified by a written declaration that it is made under the penalties of perjury, with the commission. . . .
* * *
4. (1) During any period of time in which a lobbyist continues to act as an executive lobbyist or a legislative lobbyist, he shall file with the commission on standardized forms prescribed by the commission reports which shall cover the following dates:(a) A report covering the period of January first to June thirtieth, which shall be filed on or before July fifteenth;
(b) A report covering the period of July first to December thirty-first, which shall be filed on or before January fifteenth of the following year.
* * *
13. The chief clerk of the house of representatives and the secretary of the senate shall fulfill the duties under this section of the Missouri ethics commission and its administrative secretary until January 1, 1993. [Emphasis added.]
Section
105.489 . Financial interest statements — to be kept with filing officer. — The financial interest statements required to be filed pursuant to the provisions of sections105.483 to105.492 , other than pursuant to subsection 4 of section105.485 , shall be filed with the appropriate filing officer or officers. For the purpose of sections105.483 to105.492 , the term "filing officer" is defined as:(1) In the case of state elected officials and candidates for such office, and all other state officials and employees, the filing officer is the commission;
* * *
(3) In the case of persons holding elective office in any political subdivision and candidates for such offices, and in the case of all other officers or employees of a political subdivision, the filing officer shall be the commission.
Section
105.491 . Administrative secretary of commission — duties. —
* * *
3. The secretary of state shall fulfill the duties of the commission as provided in sections105.483 to105.492 until January 1, 1993. [Emphasis added.]
Section
3. The secretary of state shall fulfill the duties of the Missouri ethics commission and its administrative secretary as provided by sections130.011 ,130.016 ,130.026 , 130.051 and130.086 , until January 1, 1993. [Emphasis added.]
* * *
Section 130.061, RSMo Supp. 1991 provides in part:
130.061. Campaign finance review board — appointment — composition — organization — compensation — termination and expiration. —
* * *
8. The campaign finance review board shall cease to exist and terminate all operations on and after January 1, 1993. All papers filed and documents held by the board on that date and all personnel of the board, shall be transferred to the Missouri ethics commission. This section shall expire and be of no force and effect after January 1, 1993. [Emphasis added.]
We first address the questions posed by Commissioner Moody. The first question of Commissioner Moody asks if the staff of the Campaign Finance Review Board is transferred to the Missouri Ethics Commission as of January 1, 1993, even if the commissioners have not been appointed on that date. When construing statutory language, the primary rule is to ascertain the intent of the legislature from the language used, to give effect to that intent if possible, and to consider the words used in their plain and ordinary meaning. State ex rel.Osborne v. Goeke,
The second question of Commissioner Moody asks if the campaign reporting staff housed in the Secretary of State's Office is to be transferred to the Missouri Ethics Commission. There is no statutory authority for such transfer comparable to Section 130.061 which authorizes such transfer for personnel of the Campaign Finance Review Board. In the absence of such statutory authority, we conclude no such transfer is authorized.
The final question posed by Commissioner Moody asks who, if anyone, has authority to authorize expenditures on behalf of the Commission beginning January 1, 1993 since no commissioners have been appointed and no administrative secretary appointed. Pursuant to Section
The first question posed by Secretary Blunt asks about the performance of duties and responsibilities assigned to the Commission since the Commission will have no members on January 1, 1993. Most of the duties and responsibilities assigned to the Commission cannot be performed when the Commission has no members. Because the administrative secretary is appointed by the Commission pursuant to Section
The second and third questions posed by Secretary Blunt concern turning over reports to the Commission and filing reports with the Commission. As previously discussed, staff is transferred to the Commission as of January 1, 1993 pursuant to Section 130.061. The ministerial function of receiving reports to be filed with the Commission after January 1, 1993 can be performed by such staff. Section
Very truly yours,
WILLIAM L. WEBSTER Attorney General