Montanan's for Full Disclosure

Petition of Redress
PURSUANT TO THE PROVISIONS OF ARTICLE 2 SECTION 6 OF THE CONSTITUTION
OF THE STATE OF MONTANA, WE THE UNDERSIGNED CITIZENS OF MONTANA,
HEREBY PETITION MONTANA'S US SENATORS, CONRAD BURNS AND MAX BAUCUS, AND REPRESENTATIVE DENNY REHBERG TO HONOR THEIR OATHS OF OFFICE TO THE CONSTITUTION OF MONTANA BY IMMEDIATELY DISCLOSING AND RELEASING ANY AND ALL INFORMATION INCLUDING MEETING NOTES OF ANY MEETING WITH PERSON(S)* SEEKING TO INFLUENCE THEM IN THEIR ELECTED CAPACITIES WITH GIFTS AND DONATIONS, ESPECIALLY ONE CONVICTED FELON, JACK ABRAMOFF.

*Rule 4A, Montana Rules of Civil Procedure, defines "person" as follows:
As used in this rule, the word "person," whether or not a citizen or resident of this state and whether or not organized under the laws of this state, includes an individual whether operating in the individual's own name or under a trade name; an individual's agent or personal representative; a corporation; a business trust; an estate; a trust; a partnership; an unincorporated association; and any two or more persons having a joint or common interest or any other legal or commercial entity.

RESOLUTION

WHEREAS, The Constitution of Montana guarantees Montanans Right to Know & Participate. In Art. II 8 (2005) Right of participation.
And in Art. II 9 (2005) Right to know.
No person shall be deprived of the right to examine documents...
Montana Code Annotated 2-6-102 (2005) Citizens entitled to inspect and copy public writings.
(1) Every citizen has a right to inspect and take a copy of any public writings of this state, except as provided in 22-1-1103, 22-3-807, or subsection (3) of this section and as otherwise expressly provided by statute.
(2) Every public officer having the custody of a public writing that a citizen has a right to inspect is bound to give the citizen on demand a certified copy of it, on payment of the legal fees for the copy, and the copy is admissible as evidence in like cases and with like effect as the original writing. The certified copy provision of this subsection does not apply to the public record of electronic mail provided in an electronic format.
Mont. Code Anno., 2-6-101 (2005)
2-6-101 Definitions.
(2) Public writings are:
(a) the written acts or records of the acts of the sovereign authority, of official bodies and tribunals, and of public officers, legislative, judicial, and executive, whether of this state, of the United States, of a sister state, or of a foreign country, except records that are constitutionally protected from disclosure;

WHEREAS, Montana's representatives have sworn to uphold and defend the Constitution of Montana and therefore must address the Ethical requirements for Montana's elected representatives as outlined by Mont. Code Anno., 2-2-103 (2005) Public trust -- public duty.
(1) The holding of public office or employment is a public trust, created by the confidence that the electorate reposes in the integrity of public officers, legislators, and public employees. A public officer, legislator, or public employee shall carry out the individual's duties for the benefit of the people of the state.
(2) A public officer, legislator, or public employee whose conduct departs from the person's public duty is liable to the people of the state and is subject to the penalties provided in this part for abuse of the public's trust.
(3) This part sets forth various rules of conduct, the transgression of any of which is a violation of public duty, and various ethical principles, the transgression of any of which must be avoided.
Mont. Code Anno., 2-2-131 (2005) Disclosure.
A public officer or public employee shall, prior to acting in a manner that may impinge on public duty, including the award of a permit, contract, or license, disclose the nature of the private interest that creates the conflict. The public officer or public employee shall make the disclosure in writing to the commissioner of political practices, listing the amount of private interest, if any, the purpose and duration of the person's services rendered, if any, and the compensation received for the services or other information that is necessary to describe the interest. If the public officer or public employee then performs the official act involved, the officer or employee shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act.
Mont. Code Anno., 2-2-104 (2005) Rules of conduct for public officers, legislators, and public employees.
(1) Proof of commission of any act enumerated in this section is proof that the actor has breached the actor's public duty. A public officer, legislator, or public employee may not:
(a) disclose or use confidential information acquired in the course of official duties in order to further substantially the individual's personal economic interests; or
(b) accept a gift of substantial value or a substantial economic benefit tantamount to a gift:
(i) that would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties; or
(ii) that the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken
(2) An economic benefit tantamount to a gift includes without limitation a loan at a rate of interest substantially lower than the commercial rate then currently prevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of the services. Campaign contributions reported as required by statute are not gifts or economic benefits tantamount to gifts.
Mont. Code Anno., 2-2-111 (2005) Rules of conduct for legislators.
Proof of commission of any act enumerated in this section is proof that the legislator committing the act has breached the legislator's public duty. A legislator may not:
(1) accept a fee, contingent fee, or any other compensation, except the official compensation provided by statute, for promoting or opposing the passage of legislation;
Mont. Code Anno., 2-2-112 (2005) Ethical requirements for legislators.
(1) The requirements in this section are intended as rules for legislator conduct, and violations constitute a breach of the public trust of legislative office.
(2) A legislator has a responsibility to the legislator's constituents to participate in all matters as required in the rules of the legislature. A legislator concerned with the possibility of a conflict may briefly present the facts to the committee of that house that is assigned the determination of ethical issues. The committee shall advise the legislator as to whether the legislator should disclose the interest prior to voting on the issue pursuant to the provisions of subsection (5). The legislator may, subject to legislative rule, vote on an issue on which the legislator has a conflict, after disclosing the interest.
(3) When a legislator is required to take official action on a legislative matter as to which the legislator has a conflict created by a personal or private interest that would directly give rise to an appearance of impropriety as to the legislator's influence, benefit, or detriment in regard to the legislative matter, the legislator shall disclose the interest creating the conflict prior to participating in the official action, as provided in subsections (2) and (5) and the rules of the legislature. In making a decision, the legislator shall consider:
(a) whether the conflict impedes the legislator's independence of judgment;
(b) the effect of the legislator's participation on public confidence in the integrity of the legislature;
(c) whether the legislator's participation is likely to have any significant effect on the disposition of the matter; and
(d) whether a pecuniary interest is involved or whether a potential occupational, personal, or family benefit could arise from the legislator's participation.
(4) A conflict situation does not arise from legislation or legislative duties affecting the membership of a profession, occupation, or class.
(5) A legislator shall disclose an interest creating a conflict, as provided in the rules of the legislature. A legislator who is a member of a profession, occupation, or class affected by legislation is not required to disclose an interest unless the class contained in the legislation is so narrow that the vote will have a direct and distinctive personal impact on the legislator. A legislator may seek a determination from the appropriate committee provided for in 2-2-135.
Montana Code Anno., 2-2-102 Definitions.
As used in this part, the following definitions apply:
(1) "Business" includes a corporation, partnership, sole proprietorship, trust or foundation, or any other individual or organization carrying on a business, whether or not operated for profit.
(2) "Compensation" means any money or economic benefit conferred on or received by any person in return for services rendered or to be rendered by the person or another.
(3) (a) "Gift of substantial value" means a gift with a value of $ 50 or more for an individual.
(b) The term does not include:
(i) a gift that is not used and that, within 30 days after receipt, is returned to the donor or delivered to a charitable organization or the state and that is not claimed as a charitable contribution for federal income tax purposes;
(ii) food and beverages consumed on the occasion when participation in a charitable, civic, or community event bears a relationship to the public officer's or public employee's office or employment or when the officer or employee is in attendance in an official capacity;
(iii) educational material directly related to official governmental duties;
(iv) an award publicly presented in recognition of public service; or
(v) educational activity that:
(A) does not place or appear to place the recipient under obligation;
(B) clearly serves the public good; and
(C) is not lavish or extravagant.
(4) "Local government" means a county, a consolidated government, an incorporated city or town, a school district, or a special district.
(5) "Official act" or "official action" means a vote, decision, recommendation, approval, disapproval, or other action, including inaction, that involves the use of discretionary authority.

WHEREAS, Montana's US Senators and Representative have been meeting with persons and receiving record numbers of gifts and donations seeking to influence them in their elected capacities as legislators and representatives of Montana including but not limited to donations from convicted felon, Jack Abramoff;

WHEREAS, Montana's US Senators and Representative have apparently been influenced by the reception of gifts and donations;

WHEREAS, Montana's US Senators and Representative have attempted to return donations and gifts linked only with convicted felon, Jack Abramoff, and no other;

NOW THEREFORE, We the people of Montana submit that the actions of our US Senators and Representative have been unethical and by such conduct, have breached their public duty to the people of Montana and their sworn duties to uphold and protect the Constitution of Montana.

WHEREFORE, We, the undersigned Montanans, demand that our US Senators and Representative immediately disclose and release all information regarding meetings with person or persons who have given them gifts and donations and sought to influence them in their elected capacities and that they swear to further disclose all information from all future meetings of person or persons that seek to influence them in their elected capacities.

FURTHER, We the People of Montana, demand from this day forward, the full and complete disclosure from our elected Montana Representatives of all person or persons who seek to influence them with gifts and donations in their elected capacities.