[T]he Senate Rules Committee is holding an emergency meeting Wednesday that could lead to the suspension of Sen. Norm McAllister, the Franklin County Republican accused of sexual assault.
McAllister, who has pleaded innocent to all criminal charges, has signaled his intention to return to the Statehouse in January, fellow legislators said, despite calls for him to step down and not return.
“There is a little bit of a mythology that builds up about what will or won’t happen from [McAllister’s] end,” said Sen. Philip Baruth, D-Chittenden. “But I think it’s fair to say he is signaling that he would like to come back on day one.
“That being the case, I think it’s crucial we bring this resolution out for day one,” said Baruth, the Senate majority leader.
Baruth, the vice chair of the Rules Committee, said he will introduce a resolution Wednesday to suspend McAllister. He is hopeful a majority of the five committee members will support it. If approved on Wednesday, the resolution would go the full Senate for debate in January, where it require support by a majority of the 30 senators.
“There are some people who believe it’s not our place to address it, that we should go on about our business and let the court system work,” Baruth said. “I agree that the court system should be free to do its work, and that’s why I’m proposing suspension, so that we don’t disturb his criminal case.”
McAllister, 64, is accused of three felonies and three misdemeanors. The charges outline allegations of sexual assault and sex for work or lodging. One of his alleged victims worked as his intern in the Statehouse.
McAllister has refused to resign from his Senate post, and he did not return a call seeking comment Monday.
Baruth’s resolution would suspend McAllister “from exercising any of the powers of his office as a Member of the Senate until all criminal proceedings currently pending against him have been dismissed” or there is a conviction or other conclusion to the trial.
The trial for McAllister is scheduled for February.
Suspension of a sitting state Senator is unprecedented in Vermont, and Baruth lifted language from a 2014 legislative suspension from California. In that case, three senators were caught up in a corruption case that included charges ranging from wire fraud to illegal gun running.
If Baruth’s resolution is adopted, McAllister could not vote or be on the Senate floor. He could still sit in the Senate gallery, the right of any citizen. McAllister was stripped of his committee assignments in May.
McAllister would still be compensated as a state Senator, but would not receive any reimbursement of expenses, according to Senate Secretary John Bloomer.
“There might be an ability to suspend without pay, but the best interpretation of the statue is he gets paid, so my recommendation is that is the way to go,” Bloomer said. The California suspension case, he said, did not involve pay revocation.
Baruth said if his resolution is passed out of committee Wednesday, it would be prioritized when the Senate reconvenes in January.
“The Senate Secretary will number that resolution number one, and it will literally be the first that we take up,” Baruth said. The suspension could come up for a full Senate vote within the first two days of the session, he added.
Secretary Bloomer said McAllister would be notified about floor debate on the suspension, and that the he could defend himself during debate.
“When this resolution is taken up, he can come up and explain why this shouldn’t occur,” Bloomer said. “I don’t know if he will or won’t.”
While Baruth’s resolution has received support from some legislators, some are pushing for other actions.
Senate Minority Leader Joe Benning, R-Caledonia, has proposed expulsion for McAllister, a permanent action that requires evidence gathering and testimony. The lengthy process could take weeks, as opposed to just a few days for suspension, Bloomer said.
Benning, who sits on the Rules Committee, would not comment publicly about the suspension resolution or whether he plans to go forward pushing for expulsion.
“We are having a meeting on Wednesday and conversations are quite delicate right now,” Benning said. “I would just as soon not comment.”
Baruth said he has been talking to senators on both sides of the political aisle about his proposal, and said he believes Benning will come on board if Baruth’s resolution gained wide support.
“I think it’s reasonable to assume that if expulsion doesn’t look to be a viable path, that he would support suspension,” Baruth said, referring to Benning.
Besides Baruth and Benning, three other Senators sit on the Rules committee: Sen. Dick Mazza, D-Grand Isle, Peg Flory, R-Rutland, and John Campbell, D-Windsor.
During a meeting Saturday with Senate Democrats, Campbell, who chairs the Rules Committee, voiced support of Baruth’s resolution.
Mazza said Monday he wasn’t sure of all the possible proposals that would be introduced at the Wednesday meeting, but said “I’m not the one” to determine whether McAllister should stay in the Senate.
“I don’t know what our options are going to be,” Mazza said. “But I’m leaning towards not doing anything at this time until he goes to court.”
Flory did not return calls Monday regarding her positions on suspension, but the Rutland senator and close friend of McAllister has defended him frequently and has said he should be able to continue to serve.
“If Norm decides to stay and believes he can deal with the workload, I’m not about to question that,” Flory told VTDigger in the fall.
If the Senate suspends McAllister, he could challenge the ruling in court, Bloomer said.
Even if the suspension sticks, and McAllister is found guilty of his charges, he could still return to the Senate. Bloomer said the state Constitution asserts that if voters re-elect McAllister with the knowledge of his conviction, he cannot be expelled.
“If he’s found guilty of something and he is re-elected in November, you can’t expel him,” Bloomer said.
