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House Vote: 8-0-0
Senate Vote: 4-0-1
A
BILL
To
Establish Standards for Conflicts of Interest in Government and Judicial Appointments.
The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1 - Short Title and Enactment
(1) This Act may be cited as the ‘Conflict of Interest Standards Act'
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been sponsored by Representative ToadKing.
(4) This Act has been co-sponsored by Senator Sofia.
2 - Reasons
(1) This Act establishes comprehensive standards to prevent conflicts of interest in government appointments to preserve the integrity of public service.
(2) The Commonwealth is blessed with an abundance of talented and knowledgeable citizens who can fulfil government roles with distinction and without compromising conflicts.
(3) The appointment of individuals with clear conflicts of interest to positions of public trust constitutes an affront to the Commonwealth and undermines public confidence in government.
(4) Clear standards will ensure that all government appointees can serve the public interest and provide for a clear separation between public and private interests.
3 - Scope
(1) This Act applies to these positions within the Executive Branch:
(a) Department Secretary
(b) Acting Secretary
(c) Ambassador
(2) This Act applies to all positions within the Judicial Branch, including but not limited to:
(a) Chief Justice, Justice, Judge, and Magistrate
(b) Court Clerk
(3) This Act applies to the following positions in the FRB:
(a) FRB Governor
(b) FRB Lieutenant Governor
4 - Declarable Conflicts of Interest
(1) A person covered by §3 holds a declarable interest, and must comply with §5 and §6, where any of the following apply:
(2) Business Ownership Conflicts:
(a) They own, wholly or in part, any business entity that contracts with or is regulated by the government department or body they serve in.
(b) They hold an interest, including a controlling interest, in any business entity operating within the same sector or field as the government department or body they serve in.
(3) Corporate Executive Conflicts:
(a) They sit on the board of directors of any business entity that operates within the same sector or field as the government department they serve in.
(b) They hold an executive officer position in any business entity that operates within the same sector or field as the government department they serve in.
(4) Legal Practice Conflicts:
(a) They own, operate, or hold a partnership in any active legal firm while serving in the Judicial Branch.
(b) A judicial officer holding an interest under (a) must recuse themselves from any matter in which that firm, or any partner or employee of it, appears or has appeared, and must not personally appear as counsel before any court of the Commonwealth while holding judicial office.
(5) Financial Conflicts:
(a) They hold significant financial investments in any single company that operates within the same sector or field as the government department they serve in.
(6) For the avoidance of doubt, a declarable interest is not a bar to nomination, appointment, or continued service. No person may be denied office, removed from office, or compelled to divest by reason only of holding a declarable interest, including a controlling interest.
5 - Disclosure Requirements
(1) All nominees for positions covered by this Act must provide a detailed financial disclosure statement, including:
(a) All business ownership interests
(b) All executive officer positions held in the past 3 months
(c) All significant financial investments and assets
(d) All directorships held and all interests in active legal firms
(2) These disclosures must be made available to the confirming body in the nominee’s opening statement.
(3) Failure to provide complete and accurate disclosure shall disqualify the nominee from consideration.
(4) A person covered by §3 must update their disclosure within 7 days of acquiring, materially increasing, or disposing of a declarable interest.
6 - Recusal and Management of Conflicts
(1) A person covered by §3 who holds a declarable interest must recuse themselves from any official act that specifically affects the business entity in which that interest is held.
(2) Official acts requiring recusal include, but are not limited to:
(a) audits, examinations, inspections, and investigations;
(b) the granting, refusal, suspension, or revocation of charters, licences, permits, or registrations;
(c) enforcement action, fines, or penalties;
(d) the award or administration of any government contract, grant, or subsidy;
(e) any rule, order, or determination applying only or primarily to that entity.
(3) A recused duty shall pass to the most senior officer of the same department or body who does not hold a conflict in the matter. Where no such officer exists, the President shall appoint an impartial alternate officer to discharge that duty for that matter alone.
(4) Where the FRB Governor or Lieutenant Governor holds a declarable interest in a financial institution, no audit, examination, or enforcement action concerning that institution may be conducted, approved, or signed off by them. Such action shall instead be carried out by the other officer, or by an independent auditor appointed by the President.
(5) Each recusal shall be recorded in writing, stating the matter and the interest concerned, and published within 7 days.
(6) Nothing in this Act prevents a person covered by §3 from founding, owning, acquiring, retaining, or increasing an interest in any business entity, including a controlling interest, provided they comply with §5 and this section.
(7) The President may, by written order stating reasons, require a specific interest to be divested where recusal alone cannot protect the public interest, including where recusal would prevent the officeholder from discharging the substantial majority of their duties. Such an order must be publicly announced, is subject to Congressional oversight, and must be complied with within 14 days of service.
7 - Ongoing Compliance
(1) Any individual who acquires a declarable interest while serving must disclose it within 7 days and recuse in accordance with §6.
(2) The President shall monitor compliance and report violations as appropriate.
8 - Enforcement
(1) Violations of this Act shall constitute grounds for immediate removal from office.
(2) The Criminal Code Act is hereby amended by adding the following offences to PART II: PROPER ADMINISTRATION OF GOVERNMENT:
“6 - Conflict Violation
Offence Type: Indictable
Penalty: Up to 350 Penalty Units; Up to 60 minutes imprisonment; immediate removal from the office they hold a conflict of interest.
A person commits an offence if the person:
(a) serves in a position covered by the Conflict of Interest Standards Act while knowingly maintaining a prohibited conflict of interest; or
(b) fails to divest themselves of a prohibited conflict of interest within the required timeframe; or
(c) acquires a prohibited conflict of interest while serving and fails to disclose and divest within 14 days.
Relevant Law: Act of Congress - Conflict of Interest Standards Act
7- False Financial Disclosure
Offence Type: Indictable
Penalty: Up to 300 Penalty Units; Up to 60 minutes imprisonment; disqualification from holding a position covered in §3 of the Conflicts of Interest Standards Act, for up to 2 months.
A person commits an offence if the person:
(a) knowingly provides false, incomplete, or misleading information in financial disclosures required for government service; or
(b) willfully omits material information required to be disclosed under the Conflict of Interest Standards Act; or
(c) submits fraudulent documentation in support of divestiture requirements.
Relevant Law: Act of Congress - Conflict of Interest Standards Act”
9 - Repealed
(2) All waivers must be publicly announced with written justification and are subject to Congressional oversight.
10 - Transition Period
(1) Current office holders have 14 days from the enactment of the Conflict of Interest Reform Act to file a disclosure under §5.
(2) No office holder shall be required to resign or divest by reason only of an interest disclosed under this section.
11 - Definitions
(1) "Controlling Interest" means ownership of more than 25% of voting shares or decision-making authority in a business entity.
(2) "Executive Officer" means any individual, within a business entity, with senior management responsibilities, including but not limited to CEO, CFO, CTO, COO, President, Vice President, or equivalent titles.
(3) "Significant Financial Investment" means any single investment valued at more than $100,000 or representing more than 10% of an individual's total assets.
(4) "Business Entity" includes corporations, partnerships, limited liability companies, sole proprietorships, and any other form of commercial organisation.
(5) "Same Sector or Field" means any business entity that operates within the primary regulatory, oversight, or functional domain of the government department.
(6) "Declarable Interest", "Official Act", "Recusal", and "Alternate Officer" bear the meanings given to them in §3 of the Conflict of Interest Reform Act.
12 - Severability
(1) If any provision of this Act is found to be unconstitutional or invalid, the remaining provisions shall continue in full force and effect.
Senate Vote: 4-0-1
A
BILL
To
Establish Standards for Conflicts of Interest in Government and Judicial Appointments.
The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1 - Short Title and Enactment
(1) This Act may be cited as the ‘Conflict of Interest Standards Act'
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been sponsored by Representative ToadKing.
(4) This Act has been co-sponsored by Senator Sofia.
2 - Reasons
(1) This Act establishes comprehensive standards to prevent conflicts of interest in government appointments to preserve the integrity of public service.
(2) The Commonwealth is blessed with an abundance of talented and knowledgeable citizens who can fulfil government roles with distinction and without compromising conflicts.
(3) The appointment of individuals with clear conflicts of interest to positions of public trust constitutes an affront to the Commonwealth and undermines public confidence in government.
(4) Clear standards will ensure that all government appointees can serve the public interest and provide for a clear separation between public and private interests.
3 - Scope
(1) This Act applies to these positions within the Executive Branch:
(a) Department Secretary
(b) Acting Secretary
(c) Ambassador
(2) This Act applies to all positions within the Judicial Branch, including but not limited to:
(a) Chief Justice, Justice, Judge, and Magistrate
(b) Court Clerk
(3) This Act applies to the following positions in the FRB:
(a) FRB Governor
(b) FRB Lieutenant Governor
4 - Declarable Conflicts of Interest
(1) A person covered by §3 holds a declarable interest, and must comply with §5 and §6, where any of the following apply:
(2) Business Ownership Conflicts:
(a) They own, wholly or in part, any business entity that contracts with or is regulated by the government department or body they serve in.
(b) They hold an interest, including a controlling interest, in any business entity operating within the same sector or field as the government department or body they serve in.
(3) Corporate Executive Conflicts:
(a) They sit on the board of directors of any business entity that operates within the same sector or field as the government department they serve in.
(b) They hold an executive officer position in any business entity that operates within the same sector or field as the government department they serve in.
(4) Legal Practice Conflicts:
(a) They own, operate, or hold a partnership in any active legal firm while serving in the Judicial Branch.
(b) A judicial officer holding an interest under (a) must recuse themselves from any matter in which that firm, or any partner or employee of it, appears or has appeared, and must not personally appear as counsel before any court of the Commonwealth while holding judicial office.
(5) Financial Conflicts:
(a) They hold significant financial investments in any single company that operates within the same sector or field as the government department they serve in.
(6) For the avoidance of doubt, a declarable interest is not a bar to nomination, appointment, or continued service. No person may be denied office, removed from office, or compelled to divest by reason only of holding a declarable interest, including a controlling interest.
5 - Disclosure Requirements
(1) All nominees for positions covered by this Act must provide a detailed financial disclosure statement, including:
(a) All business ownership interests
(b) All executive officer positions held in the past 3 months
(c) All significant financial investments and assets
(d) All directorships held and all interests in active legal firms
(2) These disclosures must be made available to the confirming body in the nominee’s opening statement.
(3) Failure to provide complete and accurate disclosure shall disqualify the nominee from consideration.
(4) A person covered by §3 must update their disclosure within 7 days of acquiring, materially increasing, or disposing of a declarable interest.
6 - Recusal and Management of Conflicts
(1) A person covered by §3 who holds a declarable interest must recuse themselves from any official act that specifically affects the business entity in which that interest is held.
(2) Official acts requiring recusal include, but are not limited to:
(a) audits, examinations, inspections, and investigations;
(b) the granting, refusal, suspension, or revocation of charters, licences, permits, or registrations;
(c) enforcement action, fines, or penalties;
(d) the award or administration of any government contract, grant, or subsidy;
(e) any rule, order, or determination applying only or primarily to that entity.
(3) A recused duty shall pass to the most senior officer of the same department or body who does not hold a conflict in the matter. Where no such officer exists, the President shall appoint an impartial alternate officer to discharge that duty for that matter alone.
(4) Where the FRB Governor or Lieutenant Governor holds a declarable interest in a financial institution, no audit, examination, or enforcement action concerning that institution may be conducted, approved, or signed off by them. Such action shall instead be carried out by the other officer, or by an independent auditor appointed by the President.
(5) Each recusal shall be recorded in writing, stating the matter and the interest concerned, and published within 7 days.
(6) Nothing in this Act prevents a person covered by §3 from founding, owning, acquiring, retaining, or increasing an interest in any business entity, including a controlling interest, provided they comply with §5 and this section.
(7) The President may, by written order stating reasons, require a specific interest to be divested where recusal alone cannot protect the public interest, including where recusal would prevent the officeholder from discharging the substantial majority of their duties. Such an order must be publicly announced, is subject to Congressional oversight, and must be complied with within 14 days of service.
7 - Ongoing Compliance
(1) Any individual who acquires a declarable interest while serving must disclose it within 7 days and recuse in accordance with §6.
(2) The President shall monitor compliance and report violations as appropriate.
8 - Enforcement
(1) Violations of this Act shall constitute grounds for immediate removal from office.
(2) The Criminal Code Act is hereby amended by adding the following offences to PART II: PROPER ADMINISTRATION OF GOVERNMENT:
“6 - Conflict Violation
Offence Type: Indictable
Penalty: Up to 350 Penalty Units; Up to 60 minutes imprisonment; immediate removal from the office they hold a conflict of interest.
A person commits an offence if the person:
(a) serves in a position covered by the Conflict of Interest Standards Act while knowingly maintaining a prohibited conflict of interest; or
(b) fails to divest themselves of a prohibited conflict of interest within the required timeframe; or
(c) acquires a prohibited conflict of interest while serving and fails to disclose and divest within 14 days.
Relevant Law: Act of Congress - Conflict of Interest Standards Act
7- False Financial Disclosure
Offence Type: Indictable
Penalty: Up to 300 Penalty Units; Up to 60 minutes imprisonment; disqualification from holding a position covered in §3 of the Conflicts of Interest Standards Act, for up to 2 months.
A person commits an offence if the person:
(a) knowingly provides false, incomplete, or misleading information in financial disclosures required for government service; or
(b) willfully omits material information required to be disclosed under the Conflict of Interest Standards Act; or
(c) submits fraudulent documentation in support of divestiture requirements.
Relevant Law: Act of Congress - Conflict of Interest Standards Act”
9 - Repealed
(2) All waivers must be publicly announced with written justification and are subject to Congressional oversight.
10 - Transition Period
(1) Current office holders have 14 days from the enactment of the Conflict of Interest Reform Act to file a disclosure under §5.
(2) No office holder shall be required to resign or divest by reason only of an interest disclosed under this section.
11 - Definitions
(1) "Controlling Interest" means ownership of more than 25% of voting shares or decision-making authority in a business entity.
(2) "Executive Officer" means any individual, within a business entity, with senior management responsibilities, including but not limited to CEO, CFO, CTO, COO, President, Vice President, or equivalent titles.
(3) "Significant Financial Investment" means any single investment valued at more than $100,000 or representing more than 10% of an individual's total assets.
(4) "Business Entity" includes corporations, partnerships, limited liability companies, sole proprietorships, and any other form of commercial organisation.
(5) "Same Sector or Field" means any business entity that operates within the primary regulatory, oversight, or functional domain of the government department.
(6) "Declarable Interest", "Official Act", "Recusal", and "Alternate Officer" bear the meanings given to them in §3 of the Conflict of Interest Reform Act.
12 - Severability
(1) If any provision of this Act is found to be unconstitutional or invalid, the remaining provisions shall continue in full force and effect.
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