Executive Order 20-03
State of Montana
Office of the Governor
Executive Order Creating the Governor's Commissionor of Politial Practices Advisory Council
WHEREAS, there is a Commissioner of Political Practices who is
appointed by the Governor for a six (6) year term and thereafter
ineligible to serve. (See, Section 13‑37‑102(1), MCA
and Section 13‑37‑103, MCA); and
WHEREAS, the individual appointed to serve as Commissioner of
Political Practices may be removed by the Governor prior to the
expiration of the term only for incompetence, malfeasance, or
neglect of duty (See, Section 13‑37‑102(2),
MCA); and
WHEREAS, the Governor believes that the current laws pertaining
to the Commissioner of Political Practices should be reviewed;
specifically, in regard to qualifications and/or restrictions
placed upon the Commissioner of Political Practices.
NOW, THEREFORE, I, JUDY MARTZ, Governor of the State of Montana,
by virtue of the authority vested in me pursuant to the Montana
Constitution and the laws of the State of Montana, do hereby create
the Governor's Commission of Political Practices Advisory Council
("Council"), in accordance with the provisions of Section
2‑15‑122 and 2‑15‑102(8), MCA, for the
purposes set forth below. Further, I do hereby request that the
Council submit their findings and recommendations to the Governor's
Office, no later than September 3, 2004.
I. PURPOSE.
The purpose of the Council shall be to assist and advise the
Governor on whether the current laws that govern the Commissioner
of Political Practices should be amended. Specifically, the Council
shall advise the Governor on issues including, but not limited
to:
1. establishing
qualification criteria to be applied in the selection of a
Commissioner of Political Practice, to include appropriate ethical
criteria;
2. establishing
restrictions that may be placed on a Commissioner at the time of
appointment and through his/her term that are not discriminatory
and/or unconstitutional;
3. developing
disqualification criteria that allows a Commissioner to recuse
herself/himself from a matter if there arises a conflict of
interest; and develop procedures for the substitution of a
Commissioner;
4. reviewing the
current removal process of the Commissioner by the Governor, as set
forth in Section 13‑37‑102(2), MCA;
5. developing
procedures to be followed in a contested case removal proceeding,
pursuant to Section 2‑4‑604, MCA, including an
individual to be designated as the hearing examiner to preside at
the hearing.
II. COMPOSITION.
The Council shall consist of nine (9) members and must
include:
One member must be from the Senate and one (1) member must be
from the House, representing different political
parties;
Chair of the Republican Party or his/her designee;
Chair of the Democratic Party or his/her designee;
Two (2) members of the public;
A representative from the Governor's Office;
The legal advisor of the Office of the Commissioner of Political
Practices( ex ‑ officio/non‑voting member); and
The Current Commissioner of Political Practices ( ex
‑officio/non‑voting member).
The Governor shall appoint a presiding officer from among its
members. The names and addresses of members who shall serve at the
pleasure of the Governor are to be submitted to the Secretary of
State.
III. DURATION.
This Executive Order is effective on November 1, 2003 and shall
terminate on December 31, 2004, unless terminated earlier by
subsequent Executive Order.
This order is effective immediately.
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GIVEN under my hand and the GREAT
SEAL of the State of Montana,
this ___ day of __________, 2003.
JUDY MARTZ, Governor
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ATTEST:
BOB BROWN, Secretary of State
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