2-2-138. Ethics commission. (1) There is an ethics commission attached to the office of the commissioner of political practices for administrative purposes only.
     (2) The commission consists of five members. The members are appointed in the same manner as prescribed in 5-1-102, except that the presiding officer and vice presiding officer must be chosen as provided in subsection (6) of this section. A member of the commission must be a citizen of the United States and a resident of Montana. A member of the commission may not be a:
     (a) public official;
     (b) public employee, except as the fifth member, who must be chosen by consensus of the other members;
     (c) candidate;
     (d) lobbyist or lobbyist's principal; or
     (e) member of the immediate family of an individual listed in subsections (2)(a) through (2)(d).
     (3) A member of the commission serves a term of 4 years. However, the initial members of the commission shall serve the following terms:
     (a) One member shall serve a term of 1 year.
     (b) One member shall serve a term of 2 years.
     (c) One member shall serve a term of 3 years.
     (d) Two members shall serve terms of 4 years.
     (4) An individual may not serve more than two consecutive terms as a member of the commission. A member of the commission continues in office until a successor is appointed and has qualified.
     (5) (a) If a vacancy occurs on the commission, the appointing authority of the vacant position shall appoint a successor.
     (b) If at the time that a vacancy occurs the appointing authority is of a different political party than that of the original appointing authority, the majority or minority leader in the same house who is of the same political party as the appointing authority that made the original appointment of the commissioner whose position is vacated shall appoint the successor.
     (6) The presiding officer and vice presiding officer of the commission must be elected by a majority of the members of the commission. The presiding officer and vice presiding officer shall serve in those positions for 1 year and may be reelected. The presiding officer presides at meetings of the commission. The vice presiding officer presides in the absence or disability of the presiding officer.
     (7) A member of the commission may not receive a salary but is entitled to expenses as provided in Title 2, chapter 18, part 5.

     History: En. Sec. 17, Ch. 562, L. 1995.