Misconception Monday – Ethics

Hello, and welcome to Episode 5 of my Misconception Monday series. In this series of podcasts, I identify and dispel common misconceptions that are related to the many aspects of the California legislative process.

Today we’ll be moving away from podcasts on common misconceptions as they relate to bills. If you want to refer back to those, you can always go back and listen to my podcasts on bills, bill deadlines, bill referrals, and bill amendments.

Today we’ll move in to a topic that ties in to the news about the sexual harassment that has been going on in the Capitol, both here in Sacramento and in Washington, D.C.. The topic of today’s podcast is common misconceptions about legislative ethics.

Relevant to the ongoing conversation about sexual harassment in the Legislature are the following common misconceptions that I call out in the podcast.

One misconception is that both houses of the Legislature have adopted a formal standard of conduct for their members. In fact, only the California State Senate has adopted an official code of conduct for its members. The Assembly has not adopted one.

Another misconception is that only a court of law can remove a legislator from office. Actually, the California State Constitution, Article IV, Section 5 (a) (1) reads:

Each house of the Legislature shall judge the qualifications and elections of its Members and, by rollcall vote entered in the journal, two-thirds of the membership concurring, may expel a Member.”

So it is the members of the Legislature, and not a court of law, that can remove a member from office. You can also refer to a post by my colleague, McGeorge Professor Leslie Gielow Jacobs, on disciplining elected officials to learn about some other ways elected officials can be removed from office.

I hope you enjoy today’s post and podcast on common misconceptions related to legislative ethics.

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