Summary of Senate Bill 192, [2004?]

Governor Ehrlichs • Legislative Initiatives Other Administration Initiatives Public Ethics - Tudicial Review - Alteration of Stay of Enforcement of an Order • This proposal is intended to alter the Public Ethics Law by eliminating the automatic stay upon the filing of an appeal of the sanction imposed by the Ethics Commission upon an individual following a finding by the Ethics Commission of a violation of the Public Ethics Law. Rather, this bill shifts the burden to the Respondent to seek a stay of sanction from either the Ethics Commission or the reviewing court. This measure will bring the Public Ethics Law more in line with normal administrative practice as reflected in the Administrative Procedure Act and should result in having these matters reach a final conclusion in a more reasonable period of time than is the case under the law as it presently exists. By providing an automatic stay of sanction, the present law maintains the status quo during the pendency of the appeal process and, therefore, removes any sense of urgency on the part of the Respondent to get a prompt appellate decision.