HB 14-1258 Summary

• Waives sovereign immunity to hold Independent Ethics Commission (IEC) commissioners personally liable for violations of respondents' constitutional or legal rights if the rights were clearly established and the violation was reckless, intentional, or willful.

• Requires the IEC to offer state-funded legal representation to any respondent before the first public hearing and prohibits public hearings without confirmation that legal defense has been offered.

• Mandates the IEC provide written notice of legal elements of alleged ethical violations by certified mail once a complaint is determined non-frivolous, and requires a 21-day waiting period before public hearings on any additional violations discovered during investigation.

• Makes IEC commissioners jointly and severally liable in their personal capacities for costs and reasonable attorney fees if they violate these protections through reckless, intentional, or willful acts or omissions.

• Allows respondents to seek injunctive relief in federal court during the pendency of a complaint to prevent further violations of their federal law rights.