Amendment ASA6-AR14

LRBs0454/1

RAC:kjf:rs

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 6, TO 2009 ASSEMBLY RESOLUTION 14

April 20, 2010 - Offered by Representative Hubler.

AR14-ASA6,1,3 Relating to: the censure of Jeffrey Wood, a representative from the 67th Assembly District, in accordance with article IV, section 8, of the Wisconsin Constitution and Assembly Rule 21.

AR14-ASA6,1,4 Resolved by the assembly, That:

AR14-ASA6,1,7 Whereas, article IV, section 8, of the Wisconsin Constitution provides that each house may punish for contempt and disorderly behavior, and with the concurrence of two-thirds of all the members elected, expel a member; and

AR14-ASA6,1,11 Whereas, Assembly Rule 43 (3) provides that any resolution to reprimand, censure, or expel a member of the assembly shall identify the charges against the member cited and shall be referred to the committee on ethics and standards of conduct for review; and

AR14-ASA6,2,3 Whereas, the Wisconsin state assembly has adopted Assembly Rule 21, providing for the appointment of a special committee on ethics and standards of conduct to consider any resolution to reprimand, censure, or expel a member of the assembly for the purpose of holding one or more public hearings on the resolution and to make a recommendation for action on the resolution; and

AR14-ASA6,2,5 Whereas, under Assembly Rule 21 (2), a duty of the special committee is to ascertain the facts of the controversy, which are summarized below; and

AR14-ASA6,2,8 Whereas, Jeffrey Wood currently serves as the representative to the assembly from the 67th Assembly District for the term of the 2009-2010 legislative session; and

AR14-ASA6,2,11 Whereas, on December 12, 2008, Representative Wood was arrested for operating while intoxicated in Columbia County, which could result in his third, fourth, or fifth offense under Wisconsin law; and

AR14-ASA6,2,14 Whereas, law enforcement and eye witness accounts regarding Representative Wood's driving on December 12, 2008, indicate that his driving was erratic and dangerous; and

AR14-ASA6,2,19 Whereas, Representative Wood was charged with operating a motor vehicle while under the influence of an intoxicant (third offense), operating a motor vehicle with a prohibited alcohol concentration (PAC) (third offense), possession of tetrahydrocannabinols (THC), and possession of drug paraphernalia as a result of his arrest on December 12, 2008; and

AR14-ASA6,2,22 Whereas, as a condition of release relating to the case resulting from his December 12, 2008, arrest, Representative Wood was ordered by the court to maintain absolute sobriety at all times; and

AR14-ASA6,2,25 Whereas, on December 1, 2009, a motion to suppress evidence of THC and drug paraphernalia from Representative Wood's December 12, 2008, arrest was denied by the circuit court; and

AR14-ASA6,3,6 Whereas, on April 19, 2010, Representative Wood plead no contest to, and the court found Representative Wood guilty of, operating a motor vehicle while under the influence of an intoxicant (third offense) and possession of drug paraphernalia; the court dismissed the charges of operating a motor vehicle with a PAC (third offense) and of possession of THC; and Representative Wood was sentenced to 45 days in jail and fined more than $1,600; and

AR14-ASA6,3,9 Whereas, on September 23, 2009, Representative Wood was arrested for operating while under the influence in Marathon County, which could result in his fourth or fifth offense under Wisconsin law; and

AR14-ASA6,3,12 Whereas, law enforcement and eye witness accounts regarding Representative Wood's driving on September 23, 2009, indicate that his driving was erratic and dangerous; and

AR14-ASA6,3,15 Whereas, Representative Wood was charged with operating while under the influence of a controlled substance and inattentive driving as a result of his arrest on September 23, 2009; and

AR14-ASA6,3,19 Whereas, as a condition of release relating to the case resulting from his September 23, 2009, arrest, Representative Wood was ordered by the court to take no controlled substances without a prescription and, if prescribed, to take controlled substances only in doses as prescribed; and

AR14-ASA6,3,22 Whereas, on October 21, 2009, Representative Wood was arrested for operating a motor vehicle while impaired in Monroe County, which could result in his fourth or fifth offense under Wisconsin law; and

AR14-ASA6,3,25 Whereas, law enforcement and eye witness accounts regarding Representative Wood's driving on October 21, 2009, indicate that his driving was erratic and dangerous; and

AR14-ASA6,4,3 Whereas, Representative Wood was charged with operating while under the influence of an intoxicant or other drug and misdemeanor bail jumping as a result of his arrest on October 21, 2009; and

AR14-ASA6,4,5 Whereas, based on the facts of this controversy, the special committee on ethics and standards of conduct makes the following charges against Representative Wood:

AR14-ASA6,4,10 First, the conduct cited above by Representative Wood since his election to the assembly for the 2009-2010 legislative term jeopardized his life and the lives of innocent citizens, does not reflect the norms of behavior expected of a member of the assembly and, therefore, has brought disrepute on the Wisconsin state assembly by damaging the institution's integrity with the public; and

AR14-ASA6,4,13 Second, while it is recognized that addiction is a serious health problem, any attempts by Representative Wood to deal with his addiction were not successful in preventing the dangerous incidents cited in this resolution; and

AR14-ASA6,4,16 Whereas, the special committee, following a public hearing on this resolution, is directed by Assembly Rule 21 (5) to make a recommendation for action on the resolution; now, therefore, be it

AR14-ASA6,4,19 Resolved by the assembly, That Representative Jeffrey Wood is hereby censured by the Wisconsin state assembly, in accordance with article IV, section 8, of the Wisconsin Constitution and Assembly Rule 21.

AR14-ASA6,4,20 (End)