Senate Panel Created To Decide Whether To Boot Monserrate

HIRAM MONSERRATE: Faces judgment by Senate. Following State Sen. Hiram Monserrate’s conviction for assault, Senate Majority Conference Leader John L. Sampson Oct. 20 announced the formation of a special committee to investigate Mr. Monserrate’s conduct in the incident where he cut his companion’s face to the bone with a glass.

“Our conference has to stand up for what’s right and against what’s wrong,” Mr. Sampson told reporters assembled at the Manhattan Senate offices. “We must bring light to those dark rooms.”

Expulsion a Possibility

The committee, which will be chaired by State Sen. Eric Schneiderman, will examine precedent, Senate rules and relevant law and identify remedies available to the Senate. Mr. Sampson said that Mr. Monserrate’s expulsion from the Senate is a possibility as well as lesser penalties like censure.

The Chief-Leader/Michel Friang

A JURY OF HIS SENATE PEERS: State Senate Democratic Conference Leader John Sampson is flanked by the Senators from his party chosen as part of the bipartisan panel to decide what disciplinary action to take against Hiram Monserrate. Mr. Schneiderman will serve alongside four other Democrats, all of whom are women, and four Republicans. The Democrats selected are Sens. Ruth Hassel-Thompson, Diane Savino, Toby Ann Stavisky and Andrea Stewart- Cousins. The Republicans have not yet selected representatives.

“As a father with daughters, I am not only angry, I am pissed off, but as a leader I cannot let my feelings supersede the individual rights of each member,” Mr. Sampson said. “While there have been many calls for our colleague to resign, it is his choice and his choice only.”

Mr. Monserrate pledged his cooperation, saying in a statement that he “respects Conference Leader John Sampson’s and the Democratic Conference decision to review the matter.” He declined to comment further.

Pressure From U.S. Senators

Both of New York’s U.S. Senators have called for Mr. Monserrate’s resignation after he was acquitted Oct. 15 of felony assault but convicted of a misdemeanor for an assault on his companion at his Queens apartment in December. Under state law, Mr. Monserrate could remain in office; had he been convicted of a felony, he would have been automatically expelled.

U.S. Sen. Kirsten E. Gillibrand said after the verdict, “Domestic violence has no place in our society, and certainly has no place in the State Legislature. A court of law has found Senator Monserrate guilty of domestic violence, and I believe he should resign immediately. We must take a hard line against violence toward women in our society. If he does not resign, then the Senate should move to expel him.”

State Sen. Ruben Diaz defended Mr. Monserrate, saying, “I believe that the real intention of this ‘independent and impartial’ committee is to get even with Senator Monserrate for what he did to the Democrats this past June and to use the Republicans who have been praying for such an opportunity to settle the score with” him.

Does Senate Have Removal Power?

Under state law, the Senate may expel a member by majority vote, but it first must conduct its own review of the case. However, some questions remain as to whether it has the power to oust one of its own.

“A court has ruled and now the Senate will examine the actions we can take as a body,” Mr. Sampson said, indicating that the committee will give a report of its findings to him. “These are the actions that I do not take lightly. We are aware that there are little precedents available, but we understand the magnitude of what happened here and we understand the integrity of the body that we must respect, but most of all that violence against women will not be tolerated.”

He added that it was important to restore public confidence in the Senate, which was shaken this summer by the Senate deadlock, with this internal review of Mr. Monserrate’s case. Mr. Sampson’s Democratic caucus currently holds only a one-seat majority, counting Mr. Monserrate.

Mr. Schneiderman said, “We pledge a thorough inquiry and a full and fair report. We will give Senator Monserrate every opportunity to respond.”