Inquiry committee faces big job - before its work begins
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Associated Press
January 24, 2004
HARTFORD, Conn. -- Even before the Select Committee of Inquiry begins
investigating Gov. John G. Rowland's actions, the members will have to
make some tough decisions.
Because the portion of the state constitution that deals with the
impeachment of a governor is written so broadly, there are no true
rules about how an investigation should proceed, what the parameters
should be or what constitutes an impeachable offense.
"The constitution is intentionally vague," said Rep. John Wayne Fox,
D-Stamford, the committee co-chairman. "I think that's how our
forefathers in their wisdom thought it up."
The 10 committee members, five Democrats and five Republicans, will
have to set the ground rules sometime after the state House of
Representatives votes Monday to establish the inquiry committee - the
first such panel to investigate a sitting Connecticut governor and
possibly recommend impeachment.
Fox said the panel can draw from rules set by a similar inquiry
committee that investigated former Hartford Probate Judge James
Kinsella between 1983 and 1984. Fox is the only current member of the
legislature to sit on that committee as well.
"I think we'll rely heavily on what we did in '83," said Fox, adding
that he has asked legislative researchers to examine the procedures
lawmakers followed in that case. Since Kinsella challenged the process
before the state Supreme Court, Fox said, it makes sense to use rules
and protocol that passed legal muster.
The committee also must decide which meetings will be open to the
public and which will be closed. Fox said some issues were discussed
in executive session when Kinsella was investigated. For example,
lawmakers wanted to talk in private about potential witnesses or
whether to subpoena certain documents or individuals.
"I don't know if I want to do that with a camera over my shoulder,"
Fox said.
When House members vote Monday on a resolution establishing the
inquiry committee, they will also require the panel to present its
findings to House Speaker Moira Lyons, D-Stamford, by April 14.
However, Lyons said she understands the process "needs to be given due
deliberation" and would grant extensions if needed.
Given the tasks ahead of the committee, Fox said he is concerned about
the time constraints and said the real deadline could be Jan. 5, 2005,
when a new legislature takes office.
Rep. Michael Lawlor, D-West Haven, a committee member, said he
believes the inquiry committee can make the April deadline. He said
the panel has a lot of information readily available.
Lawlor said the panel has access to state auditors' reports, past
investigations by the Ethics and Elections Enforcement Commissions,
news reports, videotape and more.
"There's just a lot of information out there," he said.
Quinnipiac University Law Professor John Pavia, who teaches a course
on impeachment, said it's up to the committee to decide how methodical
and time-consuming it wants to be.
Often, as in President Bill Clinton's impeachment investigation,
inquiry members bring in disinterested third parties to discuss the
history of impeachment and what has been designated as impeachable
conduct in other cases, Pavia said.
"In cases where there's a gray area, they may use some people to bring
in clarity," said Pavia, adding that Rowland's case might be
considered a "gray area" because he has not been indicted. Although
criminality is not a requirement for impeachment in Connecticut, Pavia
said all modern impeachments of governors have involved an indictment
or pending indictment.
Rowland is under fire for accepting gifts and free work on his
Litchfield vacation cottage from politically connected friends, state
employees and a state contractor. He has said he never returned the
favors and has apologized several times for lying about the gifts.
Those providing gifts included a former aide, Lawrence Alibozek, who
has pleaded guilty to federal charges that he took bribes to steer
state contracts. Rowland also accepted work for his cottage from the
Tomasso Group, a New Britain contractor that is being looked at in the
federal corruption probe.
Copyright © 2004, The Associated Press
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Yang
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