Rules of Procedure
 

Ethics Procedures for Members of the Knesset (Complaints)

(On the basis of article 22 of the Rules of Ethics for Members of the Knesset)1
In accordance with article 22 of the Rules of Ethics for Members of the Knesset,2

The Ethics Committee decides as follows:
Chapter A:Procedures for Dealing With a Complaint Against a Member of the Knesset

The right to submit a complaint

1.
Any person is entitled to submit to the Ethics Committee of the Knesset (hereafter - the Ethics Committee) a complaint against a Member of the Knesset due to a breach of the Rules of Ethics of Members of the Knesset, or their non-observance.
The content of a complaint

2.
(a)
A complaint shall be in writing, and in it the name of the person making the complaint shall be indicated, his description, his place of residence, his address for producing documents, and details of the facts claimed; The complaint shall be signed with the signature of the person making the complaint.



(b)
the evidence upon which the complaint rests, shall be described in it, or be attached to it.
Registration and acknowledge-ment of receipt of a complaint

3.
The secretariat of the Ethics Committee shall register a complaint submitted in the registry of complaints, and shall confirm receipt of the complaint in writing to the person making the complaint.
Legal advice

4.
The Chairman of the Ethics Committee shall refer every complaint for the legal opinion of the Ethics Committee’s legal advisor.
Confirmation of details

5.
The Chairman of the Ethics Committee, as well as the Committee, are entitled to request from the person making the complaint -




(1)
Additional details;




(2)
An affidavit to confirm the details of the complaint.
Provision of copy of complaint to person against whom the complaint was made

5a.
The Chairman of the Ethics Committee, after consulting with the Committee’s legal advisor, is entitled to provide a copy of the complaint to the Knesset Member, together with all the relevant documents, and to give him the opportunity to answer the complaint in writing, a reasonable time before the date of the convening of the Committee to deliberate the complaint; Should the Chairman of the Committee decide to bring the complaint before the Ethics Committee, and the Committee did not reject the complaint outright, the Committee shall provide a copy of the complaint to the person against whom the complaint was made, and shall act as stated above.
Outright rejection of a complaint

6.
(a)
Should the Chairman of the Ethics Committee feel, after the consultation, as stated in article 5a, that there is cause to propose to the Committee to reject the complaint outright, he shall bring the complaint for deliberation in the Ethics Committee.



(b)
The Ethics Committee is entitled to reject a complaint outright, if in its opinion one of the following have occurred:




(1)
The complaint has no plausible basis in facts or evidence;




(2)
The complaint is prima facie quarrelsome or bothersome;




(3)
There is no public interest in the investigation of the complaint.
(amendment 5760 - 1999/2000)

7.
Canceled
Retraction of complaint

8.
Should the person making a complaint retract his complaint, the Committee is entitled to continue deliberating the complaint if in its opinion there is, apparently, a breach of the Rules of Ethics, and public interest justifies a continuation of the investigation.
Complaint file

9.
A copy of the complaint, as well as additional documents that were submitted and were received on the subject of the complaint, shall be appended to the minutes being taken during the Committee meeting, at which the deliberation of the complaint is taking place, and shall constitute part of the complaint file.


Chapter B:
Deliberation of Complaint

Time of deliberation of complaint

10.
The Ethics Committee shall deliberate a complaint within 30 days of the day that it was submitted, at a time set by the Chairman of the Committee; The Chairman of the Committee is entitled to set a later time for this purpose, if in his opinion there are circumstances justifying this.
Continuity of deliberation

11.
Once the deliberation of a complaint has begun, the Ethics Committee shall hold the deliberation on it, as continuously as possible.
Number of participants in deliberation

12.
(a)
The Committee shall deliberate a complaint only if at least three of the members of the Committee are present.
and voting


(b)
Should a member of the Committee be unable to participate in a deliberation, or should he be prevented from participating in it because the complaint being deliberated is directed against him, the Chairman of the Committee shall approach the Speaker with a request to appoint another member, who shall joint the Committee for the purpose of the deliberation of the complaint.



(c)
Any decision connected with the complaint, shall be adopted by a majority of the votes of all its members.



(d)
Despite what is said in paragraph (c), a decision that a Member of the Knesset has broken or did not observe the Rules of Ethics, and a decision to impose on the Member a measure, as stated in article 20 of the Rules of Ethics, shall only be taken if one of the following has occurred:




(1)
The decision was taken by a majority of the votes of the Ethics Committee’s members, as long as all the members of the Committee were present during the voting;




(2)
At one meeting of the Ethics Committee, at which only three members of the Committee participated, and at an additional meeting in which three members of the Committee participated, including a member, who did not participate in the first meeting, everyone voted in favor of the decision.




(3)
At three meetings of the Ethics Committee the same three members of the Committee participated, and at all three (meetings) everyone voted in favour of the decision, as long as before the third meeting, the Committee member who was absent from the first two meetings , was given notice of the results of the vote that took place at them, and the intention of putting the decision to the vote for a final vote at the third meeting.
Invitation of the person making the complaint

13.
(a)
The Committee is entitled, upon a proposal by a member of the Committee, or upon a request by the person against whom the complaint has been made, to invite the person making the complaint to the deliberation on the complaint, and ask him to answer oral or written questions, or to present evidence.



(b)
In the case of a person making the complaint, who has refused, without due justification, to appear, or fulfill another of the Committee’s instructions, the Committee is entitled to stop the deliberation of the complaint, erase the complaint or reject it.
Invitation of civil servant

14.
The Committee is entitled to invite a civil servant through the Minister in charge of him.
Provision of invitation to a deliberation

15.
The Committee shall summon the Knesset Member against whom the complaint was made, to appear before it and state his reaction to the complaint; A notice regarding the invitation to the deliberation, shall be given to the Member, no later than two weeks before the time of the meeting.
Right to be heard (amendment 5760 - 1999/2000)

16.
A decision on a complaint shall not be accepted, until after the Knesset Member against whom the complaint was made, shall be given an appropriate opportunity to appear before the Committee, and contradict the complaint, as well as to provide the Committee with all the documents necessary for his defence; However, the Committee is entitled to decide on the complaint, if an invitation for the deliberation was provided to the Member, and he refused to appear before the Committee, without giving a reasonable justification for this; The Committee is entitled not to invite the Member against whom the complaint was made, if it has reached the conclusion that the complaint ought to be rejected.
Legal procedure and collecting evidence

17.
In any matter on which there is no explicit provision in this procedure, the Ethics Committee shall act in a manner, which seems to it just and efficient.


Chapter C:
Decision of the Committee

Content of decision

18.
At the end of the deliberation of the complaint, the Ethics Committee shall submit its decision; The Committee shall elaborate in its decision its factual findings, and should it find that the Knesset Member has broken or has failed to observe a rule of ethics, it shall point out the rule that has been broken, or which was not observed, as well the means imposed on him


Jerusalem, 25 February 1986



1 Publications Collection 5750 (1989/90), p. 576; 5760 (1999/2000), p. 4326; 5761 (2000/01), p. 89.
2 Publications Collection 5744 (1983/84), p. 842.



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