Lawmaker: Release Shooter inquiry files
Speaker shuts down surprise bid to force House vote
A state lawmaker is trying to force the Arizona House of Representatives to release public records from the sexual-harassment investigation of former Rep. Don Shooter and others.
Rep. Todd Clodfelter, R-Tucson, attempted to make House members vote Monday to mandate the release of all records within 24 hours.
However, House Speaker J.D. Mesnard said his attempt was out of order and quickly recessed the chamber.
The move comes after a group of Republican legislators and The Arizona
Republic have asked Mesnard, R-Chandler, to release all records from the probe that led to Shooter’s historic ouster.
For weeks, Mesnard, R-Chandler, has refused to make some investigative records public, saying the materials could compromise the confidentiality of witnesses who spoke to investigators.
Clodfelter made the surprise move during a speech on the House floor, saying that the public deserves to see the
“It was not the House of Representatives who paid for this report, it was the people of the state of Arizona who paid for the truth and they deserve the complete truth.” Rep. Todd Clodfelter R-Tucson
full results of the nearly $200,000 investigation paid for with taxpayer dollars.
“It was not the House of Representatives who paid for this report, it was the people of the state of Arizona who paid for the truth and they deserve the complete truth,” Clodfelter said.
It’s unclear whether a vote will occur. He said his constituents have repeatedly asked if the House is trying to “cover up” allegations by withholding the full investigative records.
Clodfelter’s motion calls for all records, including testimony, documents, notes, photographs, emails, text messages and any other information and evidence obtained by investigators, to be publicly released.
Shooter, a once powerful Republican from Yuma, was expelled Feb. 1 after an investigation by an outside law firm found “credible evidence” that he harassed seven women with inappropriate comments and lewd behavior over many years.
Findings of the investigation were detailed in a graphic, 82-page report released days before his ouster.
Shooter, a bombastic character known for his party-animal behavior, became the first state lawmaker nationally to be expelled in the wake of the national #MeToo movement, according to the Associated Press.
Clodfelter said “full and complete disclosure is necessary, especially when it comes to our upcoming elections.” He said releasing the records would allow lawmakers to know whether they’re making the right decisions.
Mesnard and the House’s public-records attorney initially refused to release any underlying records from the investigation, saying the decision was based on the state’s best interest and a need to protect the privacy of victims of harassment.
But Mesnard agreed to release 340 additional pages on March 16 after a legal demand by The Arizona Republic and Channel 12 (KPNX).
Those records, however, still excluded many underlying documents from the House investigation, which was led by a private law firm hired as special counsel.
For example, the records don’t include any notes or transcripts documenting investigators’ interviews with about 40 witnesses, including those who weren’t identified as confidential in the public report.
A House attorney said releasing all the records would create problems. “If we comply with The Arizona Republic‘s request we run the risk of being sued by the witnesses,” Justin Riches, public-records counsel for the House, wrote to David Bodney, the attorney for The Republic..
Later, he wrote, “the speaker has decided to release only the attached materials. The speaker has determined releasing the following documents, although they are still subject to the protections of personnel records, does not jeopardize sensitive, personal information which may result in a chilling effect for future victims.”
Shooter has repeatedly called for the House to release all public release from the investigation.
“It’s time for the speaker to come clean and release everything to the public,” Shooter said this month after the 340 pages were released. “Let the public decide. They paid for it.”
The withheld records could shed light on a portion of the investigation that involved Brian Townsend, Rep. Michelle Ugenti-Rita’s fiance at the time of the investigation.
As part of the inquiry, investigators revealed that Townsend engaged in inappropriate conduct that “involved unsolicited, sexually explicit communications.”
Investigators ultimately found “no independent, credible evidence that Ms. Ugenti-Rita was involved in, or even knew of” incidents involving Townsend.
The House’s investigative report does not say to whom Townsend sent the explicit communications, nor what they involve. Investigators interviewed two people, described as “Interviewee 2” and “Interviewee 3” in their report.
Records released so far also don’t reveal the identifies of the individuals interviewed about the alleged misconduct, nor do they include evidence of “communications” referenced in the report.
Some state lawmakers want the communications released to specifically show their nature and to show who was involved in sending and receiving them.
House investigators described the communications as “unwelcome,” “harassing” and “offensive.” Investigators characterized Townsend’s conduct as “potentially unlawful.”
In his letter to The Republic, Riches, the House attorney, notes communication with law enforcement.
“The House has communicated with law enforcement about the release of personnel records pursuant to a warrant, court order, or subpoena and stands ready to immediately fulfill those demands should they arise. However, the media is not law enforcement,” Riches wrote.
Three Republican lawmakers had previously told The Republic that they had met with an investigator with the county attorney’s office.
They seized on that portion of the report to demand Mesnard release additional records, saying it was of vital importance that the public get a full understanding of the nature of the claims involving Ugenti-Rita, R-Scottsdale.
“We should be leaders in the state — we are leaders in the state, and as leaders, we should be held to a standard of leadership and a standard of integrity,” Rep. Anthony Kern, R-Glendale, told The
Republic in March.
He, too, asked for additional records involving the investigation but was denied.
“I don’t know where this is going to lead, but in that report, I’m looking at a possible criminal act, and we’ll see where that leads ... we all know there’s a lot more in there,” he said.