Amendment ASA1-AR14

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY RESOLUTION 14

March 2, 2010 - Offered by Representative Wood.

AR14-ASA1,1,3 Relating to: the expulsion 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-ASA1,1,6 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-ASA1,1,10 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-ASA1,2,2 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-ASA1,2,4 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-ASA1,2,7 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-ASA1,2,10 Whereas, Representative Scott Jensen was charged in Dane County Circuit Court on October 18, 2002, with four felony offenses for misconduct in public office; and

AR14-ASA1,2,13 Whereas, Representative Jensen's crimes involved allegations that he directed state employees to perform election campaign contribution fundraising and other campaign-related work while on state time and using state resources; and

AR14-ASA1,2,17 Whereas, Representative Jensen served in the assembly over a period of five and one-half years, through a trial on those charges commencing in February 2006, until finally resigning his seat on March 21, 2006, ten days after the jury returned a verdict finding him guilty of three felonies and one misdemeanor; and

AR14-ASA1,2,20 Whereas, no legislator sought a resolution to expel, censure, or reprimand Representative Jensen from the time he was charged until he resigned upon conviction; and

AR14-ASA1,2,22 Whereas, Representative Steven Foti was charged in Dane County Circuit Court on October 18, 2002, with one felony offense for misconduct in public office; and

AR14-ASA1,2,24 Whereas, Representative Foti's crime involved allegations that he committed ethics violation for keeping a campaign fundraiser on his legislative payroll; and

AR14-ASA1,3,3 Whereas, Representative Foti was reelected to his assembly seat within weeks of being charged and served his full two-year term in the assembly, whereupon he determined to not seek reelection; and

AR14-ASA1,3,6 Whereas, no legislator sought a resolution to expel, censure, or reprimand Representative Foti from the time he was charged until his term ended two years later; and

AR14-ASA1,3,8 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,3,10 Whereas, Representative Bonnie Ladwig was charged in Dane County Circuit Court on October 18, 2002, with one misdemeanor for ethics violations; and

AR14-ASA1,3,13 Whereas, Representative Ladwig was reelected to her assembly seat within weeks of being charged and served her full two-year term in the assembly, whereupon she determined to not seek reelection; and

AR14-ASA1,3,16 Whereas, no legislator sought a resolution to expel, censure, or reprimand Representative Ladwig from the time she was charged until her term ended two years later; and

AR14-ASA1,3,18 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,3,22 Whereas, Representative Mark Gundrum drafted legislation prohibiting lawmakers from promising official action in exchange for campaign contributions, also known as "pay-to-play," following the uncovering of significant unethical activity in the state capitol, also known as the "caucus scandal"; and

AR14-ASA1,3,23 Whereas, the bill was signed into law on August 11, 2003; and

AR14-ASA1,4,3 Whereas, Representatives Jensen, Foti, and Ladwig were all sitting representatives at the time the bill was passed into law, and remained legislators for a full 16 months thereafter; and

AR14-ASA1,4,6 Whereas, neither Representative Gundrum nor any other legislator made a motion to expel, censure, or reprimand any legislator involved in the "caucus scandal"; and

AR14-ASA1,4,8 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,4,9 Whereas, Representative Frank Boyle was convicted in 2004 of OWI; and

AR14-ASA1,4,11 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,4,13 Whereas, Representative Shirley Krug was convicted in 2005 of OWI for an incident which occurred in 2004; and

AR14-ASA1,4,15 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,4,17 Whereas, Representative David Travis was convicted in 2001 of OWI for an incident which occurred in 2000; and

AR14-ASA1,4,19 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,4,20 Whereas, Representative Lorraine Seratti was convicted in 2000 of OWI; and

AR14-ASA1,4,22 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,4,25 Whereas, Representative David Plombon was jailed in June 1995 for allegedly violating conditions of probation stemming from a previous conviction for marijuana possession; and

AR14-ASA1,5,2 Whereas, Representative Plombon requested his probation be revoked and he was resentenced in July 1995 for misdemeanor possession of marijuana; and

AR14-ASA1,5,4 Whereas, Representative Plombon was sentenced to 16 days in jail which was satisfied by 12 days time served and 4 days credit for good behavior; and

AR14-ASA1,5,6 Whereas, Representative Plombon was arrested after failing a drug test ordered by his probation officer in December 1994; and

AR14-ASA1,5,9 Whereas, Representative Plombon pled no contest to misdemeanor possession of marijuana and was sentenced to 18 months probation and $1,812 in fines and court costs; and

AR14-ASA1,5,10 Whereas, Representative Plombon was convicted in 1994 of OWI; and

AR14-ASA1,5,13 Whereas, Representative Plombon pled no contest to misdemeanor disorderly conduct in May 1994 stemming from an incident involving his car and estranged wife; and

AR14-ASA1,5,15 Whereas, Representative Plombon was sentenced to one year probation and ordered to undergo assessment for chemical dependency; and

AR14-ASA1,5,17 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,5,18 Whereas, Representative David Lepak was convicted in 1988 of OWI; and

AR14-ASA1,5,20 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,5,23 Whereas, Representative Scott Fergus forfeited $500 in 1987 for violating ethics law by accepting food and lodging in connection with a visit to Chicago in January 1987; and

AR14-ASA1,5,25 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,6,3 Whereas, Representative Walter Kunicki forfeited $500 in 1987 for violating ethics law by accepting lodging and food in connection with a visit to Chicago in January 1987; and

AR14-ASA1,6,5 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,6,8 Whereas, Representative Thomas Hauke paid $1,418 in fines and court costs in 1986 for violating ethics law by accepting a Door County fishing trip and was convicted in 1976 of OWI; and

AR14-ASA1,6,10 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,6,12 Whereas, Representative John Robinson forfeited $1,000 in 1985 for violating ethics law by accepting an airline ticket to Chicago; and

AR14-ASA1,6,14 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,6,16 Whereas, Representative David Opitz was fined $356 in 1983 for a hit-and-run accident; and

AR14-ASA1,6,18 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,6,20 Whereas, Representative Robert Behnke was charged in 1982 with two counts of second-degree sexual assault; and

AR14-ASA1,6,22 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,6,24 Whereas, Representative Behnke was convicted in 1982 of disorderly conduct stemming from an argument over a state capitol parking spot; and

AR14-ASA1,7,2 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,7,5 Whereas, Representative Walter Ward was convicted in 1981 of a felony and a misdemeanor for the sexual assault of his legislative aide which occurred in June 1980; and

AR14-ASA1,7,7 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,7,8 Whereas, Representative Ward was sentenced to four years in prison; and

AR14-ASA1,7,10 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,7,11 Whereas, Representative Ward was convicted in 1980 of OWI; and

AR14-ASA1,7,13 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,7,15 Whereas, Representative Ward was convicted in 1980 of two misdemeanors for election law violations relating to misuse of campaign funds; and

AR14-ASA1,7,17 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,7,19 Whereas, Representative Richard Pabst was charged in 1980 with misdemeanor fourth-degree sexual assault; and

AR14-ASA1,7,21 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,7,22 Whereas, Representative R. Michael Ferrall was convicted in 1979 of OWI; and

AR14-ASA1,7,24 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,8,2 Whereas, Representative Ferrall was charged in 1978 with misdemeanor misuse of a state telephone credit card. The case was dismissed; and

AR14-ASA1,8,4 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,8,5 Whereas, Representative John Shabaz was convicted in 1979 of OWI; and

AR14-ASA1,8,7 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,8,9 Whereas, Representative Joseph Looby was charged in 1978 with misdemeanor misuse of a state telephone credit card; and

AR14-ASA1,8,11 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,8,13 Whereas, Representative Marcel Dandeneau was convicted in 1977 of misdemeanor violation of campaign finance laws; and

AR14-ASA1,8,15 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,8,17 Whereas, Representative Dandeneau was charged in 1976 with felony misconduct in public office; and

AR14-ASA1,8,19 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,8,21 Whereas, Representative Paul Alfonsi was convicted of a felony in July 1967 for bribery in Dane County Circuit Court; and

AR14-ASA1,8,23 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,8,24 Whereas, Representative Willis Hutnik was charged with felony bribery; and

AR14-ASA1,9,2 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and

AR14-ASA1,9,4 Whereas, Representative Earl Elfers was charged in 1966 with assault and battery; and

AR14-ASA1,9,6 Whereas, the Wisconsin state assembly had taken no action on this matter under article IV, section 8, of the Wisconsin Constitution; and