No bribery or legislative misconduct was involved in the passing-out of checks on the Wyoming House of Representatives floor after the chamber adjourned its first day of session, but the incident warrants a rules review, extra signage, and more training for legislators, legislative investigators say.
That’s the conclusion the state House’s Special Investigative Committee announced Wednesday, after convening last week to investigate the incident Capitol regulars call “CheckGate.”
Special Investigative Committee Chair Art Washut, R-Casper, read aloud to the House on Wednesday from a special report all seven committee members signed.
“Taken together,” he said the evidence and testimony through which the committee combed starting last week did not reveal a violation of the Wyoming Constitution’s bans on bribery, nor an explicit violation of any legislative rules.
Still, he continued, “the committee recognizes that the conduct that occurred on the House floor was undesirable and must never occur again.”
The House floor is a specially designated place “deserving of particular reverence and respect,” said Washut.
Even small or otherwise lawful campaign activity there may attract heightened scrutiny because of the chamber’s institutional and historical significance, he said.
Private electoral conduct there may create the perception, “fairly or not, that financial support provided in the chamber by individuals with political interests is intertwined with the lawmaking process.”
The remedy, the report says, is to have the Legislature’s administrative arm, called the Management Council, consider adding signage to the floor’s entrance detailing guidance and expectations to visitors.
The council should also review other states’ legislative rules and consider if further changes to its own rules are appropriate.
Last month the Senate, House and governor all banned campaign exchanges within the Capitol. The Senate and House also banned solicitation and active acceptance of campaign donations during the lawmaking session.
A final remedy, said Washut, is to craft for lawmakers a “lesson on the institution, the need to avoid appearance of impropriety and the rationale behind the existing rules that denote the Floor of the House of Representatives a special place.”
Quick Overview
Rep. Nina Webber, R-Cody, escorted conservative activist Rebecca Bextel onto the House floor after adjournment Feb. 9.
Webber gestured toward lawmakers, “who would subsequently receive checks,” the committee’s findings recount from security footage.
Bextel handed out campaign checks totaling $1,500 each to Republican Reps. Christopher Knapp (Gillette), Joe Webb (Lyman), Darin McCann (Rock Springs) and Marlene Brady (Green River).
She took to social media two days later to say these were lawful campaign donations.
The original donor, Don Grasso, later told Cowboy State Daily his secretary sent the checks to Bextel with the understanding she’d mail them.
Rep. Karlee Provenza, D-Laramie, witnessed parts of the floor exchanges, took a photograph of McCann being handed a check, and sent the photograph and what she knew to be the media, the report concluded.
She has since said that she didn’t want the incident to be “swept under the rug.”
Numerous House members have voiced regret that she did not file a formal, confidential complaint instead.
Debate
The House debated whether to accept the committee’s report. Ultimately, all 59 representatives present voted in favor, while three members were marked excused.
Rep. Tony Locke, R-Casper, said that “buried in the report” is the fact that no rules or laws were broken.
Whether a law was broken remains under investigation by the Laramie County Sheriff’s Office in a separate probe, but there was at the time no rule against handing out campaign checks on the House floor.
Locke urged House members to consider that, “the people that were harmed here were accused of bribery — often veiled — but they were accused of bribery, and I think it’s important we understand that, OK?”
He said those people are now exonerated.
Without saying her name, Locke lamented that Provenza had exposed the issue to the media. Later, Rep. Ken Pendergraft, R-Sheridan, echoed that, calling it a “failure” to follow the rules.
Provenza chose that route rather than filing a confidential complaint with leadership because she did not want the issue to be “swept under the rug,” she told the investigative committee last Thursday. She also has said the discovery that House Speaker Chip Neiman, R-Hulett, received a check, albeit in his office not on the floor, affirmed her choice.
Provenza did not address Washut's committee findings on the floor Wednesday.
"We need to respect each other more than to try our neighbors and our people in this room in the court of public opinion, where you know that the intellectually dishonest will pile on, and absolutely will ensure these people are considered guilty until proven innocent,” Locke said.
Rep. JD Williams, R-Lusk, chided Locke.
“I think it’s imperative that we don’t deflect,” he said. “We have to own it.”
Williams also emphasized Laramie County Sheriff Brian Kozak’s current investigation, saying “it’s not up to us to exonerate anyone.”
Minority Floor Leader Mike Yin, D-Jackson, said though the Legislature has a rule for filing ethics complaints with chamber leadership, members aren’t bound to that method over others when they have a grievance.
Google My Name
McCann thanked the committee.
“For all of you that didn’t have your name in the paper (this) will be over,” he said. “But for the rest of my life, every time my name is Googled, this thing is going to come up. The rest of my life.”
McCann was the first of the check recipients to admit to receiving a check on the floor, and has maintained throughout the controversy that there was no bribery component.
Rep. Steve Harshman, R-Casper, conveyed respect toward McCann for choosing to “own” what happened. Harshman also said he empathizes with McCann, as Harshman has endured controversy before.
“You live in this public sphere, this fishbowl of democracy. And particularly, into today’s world,” said Harshman, “you’ve got a lot of trolls that sit in their basement, in their underwear, and are looking to play on their keyboards on you all the time.”
Harshman added, “And I’ve been there. Google my name.”
He encouraged everyone to “own” what happened, heal and move on.
But, Harshman voiced consternation toward Bextel, who leveled accusations at Legislative Service Office (LSO) staffers in connection with the controversy.
That went too far, Harshman said.
Knapp had accused LSO staffers of not being willing to help him rebut Provenza’s motion in his committee testimony last Thursday.
“Just keep our staff out of that,” said Harshman.
He also pointed to other “articles” in the press attacking other members, and suggested that, “We ought to just all calm down a little bit. … Get back to doing the people’s work.”
Consider
Knapp for his part reiterated some of his emphases from last Thursday: that campaign donations are protected speech.
He urged lawmakers to consider all whom the controversy has impacted.
“The end of this result … affected many people; not just ourselves, but our families,” said Knapp. “I would hope in the future we treat each other with that elevated respect that this house deserves.”
Knapp also said he’s comfortable with his life, but others involved in this controversy have been more shaken by it than he.
You, Mr. Chairman
Washut, whose background is in law enforcement and law enforcement instruction, said it was a distinct honor to have been chosen to chair the committee.
He asked members to attend a prayer breakfast Thursday morning to “recognize what we’ve been through together” and to “thank the good Lord for the blessings of this session.”
The other members House Speaker Chip Neiman chose for the investigative committee were Majority Floor Leader Scott Heiner; Republican Reps. Martha Lawley (Worland), Justin Fornstrom (Pine Bluffs), Reuben Tarver (Gillette) and Marilyn Connolly (Buffalo), and Democratic Rep. Ivan Posey, of Fort Washakie.
Neiman praised Washut’s work.
“Chairman Washut, if there was anybody that I was going to be tasked with to provide a fair and just and balanced appraisal of this situation, and throw somebody into a meat grinder, I was glad it was you,” said Neiman. “Because I knew you were up to the task. Wonderful job, sir.”
As the debate tapered, McCann said he was ready to move on"
"Pity party’s over. Let’s vote and get the hell out of here."
More Overview
Evidence in the investigative committee’s Thursday hearing last week showed that Bextel had contacted each lawmaker around Jan. 22, letting them know of the coming campaign donations.
The report says, “Were it not for the actions of Rebecca Bextel on the House floor, the subsequent disruptions of the House calendar and public uproar would not have occurred.”
The incident burst into public view Feb. 11 after House Minority Floor Leader Yin urged members not to vote in favor of a bill Bextel had championed, citing bad “optics.”
By Feb. 12, Provenza had proposed the investigative committee probe what happened on the floor and whether it was bribery and misconduct, and the House approved her motion.
On Feb. 14, Laramie County Sheriff Brian Kozak announced he’s also conducting a criminal investigation. That effort is ongoing.
Clair McFarland can be reached at clair@cowboystatedaily.com.
