CORRECT ANSWER:

YES, any person may file an ethics complaint against a member of the House of Representatives alleging misconduct involving the performance of legislative duties is CORRECT.

Under House Rule 49, an ethics complaint may be filed alleging misconduct involving legislative duties, which may involve an alleged violation of the Colorado Constitution, the Colorado Revised Statutes, the rules of the House of Representatives, or other ethics principles. Since House members are required by legislative rule to confine their remarks to the question under discussion or debate while avoiding personalities, an ethics complaint could allege that your comments during debate of the bill violated this rule. Legislative immunity may be asserted as a defense to an ethics complaint.

Upon a determination by House leadership that such a complaint appears to be meritorious, a House Ethics Committee would be appointed to conduct a proceeding in accordance with the House rule. If, after a preliminary investigation, the ethics committee finds probable cause that an ethics violation may have occurred, the member complained against may request an evidentiary hearing. If, after the hearing, the ethics committee finds action should be taken against the member, it must recommend appropriate punishments to the House, which may include reprimand, censure, or expulsion. The House may choose to follow the ethics committee's recommendation or to impose a different punishment for the ethics violation. The Senate has similar ethics procedures.

It should be noted that, while the rules of the Senate impose a similar restriction on comments made by Senators during debate, no Senator may be held to answer or be subject to censure of the Senate for words spoken in debate if further debate or other business has intervened after the words are spoken and before exception to them is made. See, Senate Rule 16 (d)(2).

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