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Ethics Procedures for Members of the Knesset (Complaints)
Chapter B:
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Time of deliberation of
complaint
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10.
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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.
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Continuity of deliberation
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11.
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Once the deliberation of a complaint has begun, the Ethics
Committee shall hold the deliberation on it, as continuously as
possible.
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Number of participants in
deliberation
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12.
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(a)
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The Committee shall deliberate a complaint only if at least
three of the members of the Committee are present.
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and voting
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(b)
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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.
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(c)
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Any decision connected with the complaint, shall be adopted by
a majority of the votes of all its members.
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(d)
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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:
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(1)
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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;
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(2)
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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.
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(3)
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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.
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Invitation of the person making the
complaint
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13.
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(a)
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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.
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(b)
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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.
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Invitation of civil servant
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14.
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The Committee is entitled to invite a civil servant through
the Minister in charge of him.
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Provision of invitation to a
deliberation
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15.
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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.
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Right to be heard (amendment 5760 -
1999/2000)
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16.
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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.
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Legal procedure and collecting
evidence
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17.
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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.
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Content of decision
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18.
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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
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