Bill Text: MI HR0139 | 2015-2016 | 98th Legislature | Introduced
Bill Title: A resolution to expel Representative Todd Courser of the Eighty-Second House District, State of Michigan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-09-17 - Referred To Committee On Government Operations [HR0139 Detail]
Download: Michigan-2015-HR0139-Introduced.html
Rep. McBroom offered the following resolution:
House Resolution No. 139.
Whereas, Article IV, Section 16 of the Constitution of the State of Michigan of 1963 provides, in relevant part:
Each house, except as otherwise provided in this constitution, shall choose its own officers and determine the rules of its proceedings… Each house shall be the sole judge of the qualifications, elections and returns of its members, and may, with the concurrence of two-thirds of all the members elected thereto and serving therein, expel a member. The reasons for such expulsion shall be entered in the journal, with the votes and names of the members voting upon the question. No member shall be expelled a second time for the same cause.
; and
Whereas, Article XI, Section 1 of the Constitution of the State of Michigan of 1963 provides, in relevant part:
All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability.
;and
Whereas, House Rule 41(1) states, in relevant part:
All bills to be introduced shall be approved as to form and numbering of sections by the Legislative Service Bureau and be signed by the Member introducing them.
; and
Whereas, House Rule 74(4) states, in relevant part:
A Member shall not convert for personal, business and/or campaign use, unrelated to House business, any supplies, services, facilities, or staff provided by the State of Michigan. This includes, but is not limited to, telephones, telecopy machines, computers, postage, and copy machines.
; and
Whereas, Section 57 of the Michigan Campaign Finance Act, 1976 PA 388, MCL 169.257, states, in relevant part:
A public body or a person acting for a public body shall not use or authorize the use of funds, personnel, office space, computer hardware or software, property, stationery, postage, vehicles, equipment, supplies, or other public resources to make a contribution or expenditure…
; and
Whereas, The Principles and Guidelines for House Staff, dated January 23, 2015, states, in relevant part:
House resources—e.g., your time on the job, office space, office property, equipment, and supplies—must be used only for official House business… The use of House resources for non-official House business –e.g., campaign, fundraising, commercial, charitable, or personal activities—is strictly prohibited.
; and
Whereas, Each Representative has a duty to conduct himself or herself in such a manner as to justify the confidence placed in him or her by the people and must, by personal example and admonition to colleagues, maintain the integrity and responsibility of his or her office; and
Whereas, The House Business Office conducted an investigation into the conduct of Representative Todd Courser and found that he committed misconduct in office and misused state resources, as discussed below, in violation of the Standing Rules of the House of Representatives and state statute; and
Whereas, Representative Todd Courser engaged in an extramarital affair with another sitting representative; and
Whereas, Representative Todd Courser engaged in deceptive, deceitful, and dishonest conduct to misdirect people away from his extramarital affair. On August 10, 2015, he publicly admitted to drafting an email full of lies against himself and arranged for the email to be anonymously distributed in an attempt to deceive and distract the people of the state of Michigan; and
Whereas, On May 19, 2015, Representative Todd Courser attempted to recruit a state employee, reporting directly to him, to send the false email from an unidentified source in order to provide cover for his personal misconduct; and
Whereas, Representative Todd Courser continued to discuss the affair and cover-up with his staff on state property during office hours, intentionally avoiding the performance of legislative work, including missing an official meeting of the Military and Veterans Affairs Committee on May 21, 2015; and
Whereas, Representative Todd Courser required his staff to forge his signature on at least three bill "bluebacks" for introduction, namely House bills 4174, 4317, and 4318 in order to subvert the efforts of other representatives to introduce similar legislation; and
Whereas, Representative Todd Courser continually demonstrated a cynical view and disdain for the process and procedures of the Legislature; and
Whereas, Representative Todd Courser repeatedly bullied, berated, and threatened his staff, in an unprofessional manner, to perform, as state employees, inappropriate tasks; and
Whereas, Representative Todd Courser misused state resources by impermissibly mixing the work of the people with personal, political and campaign matters. There is evidence that staff were required to enter constituent information and build a political database for his potential candidacy for the 10th Congressional District. He instructed his staff to prioritize political tasks over legislative issues during normal business hours of the House of Representatives. In addition, there is evidence that staff edited political press releases and facilitated the purchase of database information during House business hours without taking leave time; and
Whereas, Representative Todd Courser has continuously failed to demonstrate any remorse or appreciation for the extent of his wrongdoing. Instead, he has remained defiant and attacked the integrity and legitimacy of the process of this legislative body; and
Whereas, The incident has drawn national attention and disgrace to the state of Michigan and the Michigan House of Representatives, shaking the public trust and confidence in this legislative body, staining the honor, dignity, and integrity of this body, and distracting from the serious policy issues and debates in front of this body; and
Whereas, Representative Todd Courser has abused the office of state Representative, as evidenced by the specific behavior and actions cited in this resolution, and has damaged the institution to which he was elected; and
Whereas, Public trust and confidence in government are prerequisites to the functioning of a democratic society; now, therefore, be it
Resolved by the House of Representatives, That Representative Todd Courser of the Eighty-Second House District, State of Michigan, has conducted acts inconsistent with the trust and duties of a state representative. He has failed to maintain the integrity and responsibility of this office and to meet his solemn obligation to the people of the state of Michigan; and be it further
Resolved, That Representative Todd Courser's acts are so egregious and atypical that they have undermined the confidence of the citizenry in his truthfulness and judgment and brought disrepute and ridicule to this institution. His actions demonstrate a profound lack of respect for this institution and the people it serves; and be it further
Resolved, That in accordance with the above-cited provisions of the Constitution of the State of Michigan, the Michigan House of Representatives hereby determines and proclaims Representative Todd Courser of the Eighty-Second House District unfit to continue as a member of this esteemed body and does therefore expel him from the office of Michigan State Representative, effective immediately.
