HOUSE DROPS REP. SHOOTER
Near-unanimous vote follows probe’s harassment findings
The Arizona House of Representatives voted Thursday to immediately expel Rep. Don Shooter from office for “dishonorable” behavior after an investigation found he sexually harassed women over many years.
It was the first time since 1991 that a member of the Arizona Legislature was removed by fellow lawmakers.
House members voted 56-3 to oust Shooter, R-Yuma, after a dramatic flurry of events that led House Speaker J.D. Mesnard, who had initially proposed censuring Shooter, to push for his immediate removal.
“This is a horrifying day,” said Mesnard, R-Chandler. “It’s no small thing to override the will of voters. I pleaded with Mr. Shooter to resign, to not force this vote. He would not back down.”
As the vote began, Shooter rose to speak. He bitterly defended himself to the end, though he acknowledged he has said and done “stupid things.”
“Let the facts speak for themselves,” Shooter said, adding that he has previously apologized. “I hope I don’t lose by one vote. I don’t think I will. I vote ‘no.’ ”
Shooter dropped his microphone onto his desk and immediately left the House floor — and security escorted him off the Capitol premises — as his colleagues continued to vote and give statements that overwhelmingly condemned his behavior.
Hours later, in an interview with The
Arizona Republic, he said, “I've been thrown out of better places than this.”
Even before the vote, tensions escalated inside the House building.
Mesnard said Shooter alarmed some colleagues as he walked the halls, popping into offices and saying, “It’s a great day for a hanging.”
That led Mesnard, accompanied by law enforcement, to go to Shooter’s office and remove a handgun along with a second object, described as a display gun. Shooter voluntarily handed over the firearm, Mesnard said.
“I asked for it; he gave it up,” Mesnard said. “People weren’t feeling safe.”
In the end, lawmakers approved a resolution stating that “the House of Representatives finds that Representative Don Shooter’s pattern of conduct was dishonorable and unbecoming of a member.”
The investigation that led to the vote found “credible evidence” that he behaved inappropriately toward seven women and had created a hostile work environment in the House.
A report on the inquiry graphically details lewd language and actions from Shooter, once a powerful Republican committee chairman, who has openly behaved in a crass manner but did so unchecked by his peers for years.
Moments before voting began, female lawmakers from both parties gathered in a circle around Rep. Michelle Ugenti-Rita, the first woman who publicly accused Shooter of harassment.
The women held hands, prayed and commiserated.
Standing alone at her desk, a visibly emotional Ugenti-Rita, R-Scottsdale, told The Arizona Republic, “I just want to support the other women and myself in the report, and I’ll be voting yes on the expulsion.” She did not speak during the vote. Numerous lawmakers did speak, however, and some cried as they stood to speak in support of expelling Shooter.
Rep. Athena Salman, who also accused Shooter of making an inappropriate comment, praised Ugenti-Rita for coming forward, saying it’s time for the chamber to no longer dismiss harassment.
“I want to publicly and personally thank my colleague for her courage to speak,” said Salman, D-Tempe, as she choked back tears. “It’s gone on for way too long.”
Initially, it appeared lawmakers might only censure Shooter. Earlier in the week, Mesnard said a censure was the appropriate punishment for the actions described in the report.
But on Thursday morning, Mesnard called for Shooter’s removal after Shooter sent colleagues a letter challenging portions of the investigation. Shooter alleges the report excluded a complaint from a woman who was harassed by another elected official.
In a press release just before the House proceedings began, Mesnard said the letter “represents a clear act of retaliation and intimidation, and yet another violation of the House’s harassment policy, so I will be moving to expel him from the House of Representatives immediately.”
Other lawmakers had already called for Shooter’s removal. On Wednesday, House Majority Whip Kelly Townsend, R-Mesa, said she would move to expel Shooter if he didn’t resign within 24 hours.
“I see statesmen, not politicians,” Townsend said near the end of the vote. “I’m proud of you guys for making this difficult decision. (But) we have a ways to go.”
After the vote, Gov. Doug Ducey, who had previously stayed silent about calls for Shooter’s resignation, released a statement applauding Shooter’s removal.
“This should send a strong message: Everyone should be treated with respect, and there is no room for this behavior anywhere,” the governor said.
Ousting Shooter required a twothirds vote of the House — 40 of 60 members. The House’s vote was nearly unanimous.
Rep. Jay Lawrence, R-Scottsdale, was among the conservative lawmakers who voted to remove Shooter. Lawrence said while he considers Shooter a friend, he could not ignore the investigation’s findings.
“The accusations go beyond friendship,” Lawrence said. “All of us must pick a time when we stand up for what is fair and just.”
Three Republicans voted against expulsion: Shooter and Reps. Noel Campbell and David Stringer, both of Prescott. One lawmaker, Rep. Brenda Barton, RPayson, was absent.
Campbell said while he would have voted to admonish Shooter’s behavior, removing him from office without the consent of voters is a step too far.
“I believe it’s up to the people of his district to either expel him or not,” Campbell said.
Other lawmakers, including some who voted to oust Shooter, also questioned the veracity of the investigative report, calling it incomplete or questioning the methods used.
“My problem is that I don’t really know that he did the things that he’s accused of doing,” Stringer said. “None of those witnesses were ever sworn. … I hope that this procedure is never followed again.”
Shooter’s removal was a historic moment. The Arizona Legislature hasn’t voted to expel a lawmaker in nearly 27 years; the House hasn’t done so in 70 years.
In 1991, the Senate removed thenMajority Whip Carolyn Walker amid a vote-selling investigation. Before that, according to the GOP House spokesman, former lawmakers Sidney Kartus and Frank Robles were expelled from the House in 1948 for disorderly behavior.
In recent years, two lawmakers — former Republican Sen. Scott Bundgaard and Democrat Rep. Daniel Patterson — resigned amid ethics scandals that could have led to their expulsion.
But Shooter’s fight to stay in office continued until the last minute.
On Thursday morning, he upped his self-defense by sending the letter to House members that raised questions about the veracity of the sexual-harassment investigation that was led by a private law firm.
Shooter said the investigative report excluded a complaint from a woman who was harassed by another elected official.
Mesnard said he spoke with the unidentified victim referenced in Shooter’s letter and discovered the letter did not reflect the victim’s sentiment and was “nothing more than an effort to use the individual as a pawn.”
In the report, investigators concluded that there is “credible evidence” that Shooter violated the chamber’s policy that deals with harassment, discrimination and hostile work environment with his behavior toward multiple women.
“His repeated pervasive conduct has created a hostile working environment for his colleagues and those with business before the Legislature,” the report states.
Investigators described a “pattern of conduct” that started when Shooter took office as a state senator in 2011 and continued until as recently as last year. They substantiated accusations of harassment from seven women.
Mesnard launched the inquiry in early November, after women publicly accused Shooter of inappropriate behavior.
The first woman to publicly accuse Shooter was Ugenti-Rita.
In one incident, Ugenti-Rita told investigators that Shooter asked her if her breasts “were real or fake.” She said Shooter made the comment when he stopped by her Capitol office in the spring of 2012.
Shooter denied that the incident occurred, but investigators concluded that Shooter had made “unwelcome sexualized comments” that violated the House’s harassment policy.