HOUSE RESOLUTION 21

(By Delegate Wilson)

[Introduced March 7, 2019 ]

 

Expelling Delegate Mike Caputo from membership in the West Virginia House of Delegates for the remainder of the term for which he was elected to the West Virginia House of Delegates at the general election held in the year 2018.

Whereas, on March 1, 2019, Delegate Mike Caputo engaged in verbal and physical conduct unbecoming of a representative of the people of West Virginia during the House Floor Session. As he attempted to enter the House Chamber during the time reserved for the pledge and prayer, he found the door being kept shut by an assistant doorkeeper.  Despite being aware of the assistant doorkeeper’s duties, Delegate Caputo deliberately and violently forced his way into the House Chamber, resulting in physical injury of the assistant doorkeeper and requiring him to seek medical attention.

Whereas, As Delegate Caputo entered the House Chamber, he addressed the injured doorkeeper in passing using disrespectful and vulgar language, saying “Open the G** D*** Door I am a member and I can come in any time I want.” Prior to taking his seat, Delegate Caputo expressed no interest in the assistant doorkeeper’s well-being; and 

Whereas, Delegate Caputo then disrespectfully and aggressively accosted Delegate Malcolm after she commented on his behavior, saying “get the f*** out of my way” and elbowed her shoulder and chest as he passed her to walk toward his seat; and

Whereas, After Delegate Caputo took his seat, he requested permission to address the House and boasted “I'm the one kicked the door open. That's how angry I was. I tried to get in here between the prayer and the pledge, and I'm a member of this House, and nobody's going to keep me from opening that door, but the point I'm trying to get to- I have always preached to Freshman Delegates. When it gets personal with me, it's bad. Is it proper to do it here and take away from the business of the state of West Virginia when we've got doorkeepers going nose to nose with members? The Sergeant at Arms going nose to nose with members? We have created an anger that I have not witnessed in twenty-three years in this body, and it sickens me... but yeah, I kicked that door open. I'll own it. I did. I said some things that I don't normally say; so, the point should be we shouldn't do what's going on outside here there's no place for that. I apologize for my anger because I don't like getting this way, but I'm very angry today.”

Whereas, Leader Miley requested “time to handle Delegate Caputo’s behavior internally.” And

Whereas, Speaker Hanshaw agreed with the expectation that Delegate Caputo would be disciplined by Leader Miley; and

Whereas, Leader Miley took no decisive action concerning Delegate Caputo’s position or authority within the House; and

Whereas, Delegate Caputo was elected to the House of Delegates for a two-year term from the Fiftieth Delegate District at the general election held in the year 2018; and

Whereas, The West Virginia House of Delegates has high standards for the conduct of its members. Paramount to the orderly functioning of our form of government is the minimum requirement that members conduct themselves in a civil manner. This minimum requirement exists so that delegates may engage in the work for which they were elected: to engage in ardent and passionate debate concerning the business of the people of West Virginia; and

Whereas, While a delegate serves in the house, House Rule 32 binds him or her to “avoid all personalities and indecorous or disrespectful language”; and

Whereas, There is no House Rule that contemplates the situation wherein a member engages in a physical act that results in the injury of an individual employee because that conduct is so far outside the bounds of acceptable behavior that this body felt no need to address it.

Whereas, When the conduct of a member goes so far outside that which is expected of a representative of the citizens of this state, the remaining members must act to preserve the honor and credibility of that body. Not to act and repudiate such conduct destroys the credibility of the House and the faith of the people in their government.

Resolved by two-thirds of the members elected to the House of Delegates:

That for the conduct of Delegate Mike Caputo on March 1, 2019, he be and is hereby expelled from membership in the West Virginia House of Delegates for the remainder of the term for which he was elected to the West Virginia House of Delegates at the general election held in 2018.