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TagsBY TOM HESTER SR.
NEWJERSEYNEWSROOM.COM
Assembly Speaker Joseph Roberts (D-Camden) said Monday that he has not moved to expel Assemblymen L. Harvey Smith (D-Hudson) and Joseph Vas (D-Middlesex) because the state attorney general has advised him the action could hinder the ongoing corruption investigations involving the two allegedly corrupt legislators.
Roberts revealed his position in a letter to Assembly members Dawn Marie Addeiego and Scott Rudder (both R-Burlington) who called on him to convene a special session of the Legislature to begin the process of expelling Smith and Vas.
Smith, a first-term legislator from Jersey City, was arrested two weeks ago by federal agents in a bribery sting that netted a string of public officials on bribery charges. Vas was charged by the state last year with, among other things, accepting $25,000 in home improvements from a city contractor while serving as mayor of Perth Amboy. Both have refused to resign from the Assembly.
"Immediately following the arrests of July 23, I thoroughly reviewed all manner of punishments available through the rules and the Constitution,'' Roberts wrote. "Given the serious crimes alleged against these members and the compelling need to restore the public's faith in government, it was my intention to go as far as we could in terms of punishment – including expulsion."As you know, prior to any expulsion hearings, (an Assembly rule) requires that (a special) committee "serve written charges on the member, provide an opportunity for the member to be heard, to present witnesses, testimony and other evidence, to cross examine witnesses and to be represented by counsel."
Roberts continued, "Given that our rules would require the formation of a parallel investigation to the ongoing criminal inquiry, I immediately consulted with the state Attorney General and the United States Attorney concerning the expulsion of these members and the due process proceeding required by our rules. They advised that moving forward with the expulsion proceedings could significantly threaten their ongoing criminal investigation of these members and conveyed to me their strong inclination that I not move forward with any proceeding that could in any way hamper their investigation.''
Addiego and Rudder called Roberts' decision to suspend pay and benefits for Smith and Vas a "good but insufficient step.
"Last month's arrests of legislators, mayors and local officials – and the resignation of a key member of Governor Corzine's cabinet – proved that the Democratic tact of pretending New Jersey is not infested with corruption does not work," Addiego said. "We must act now to purge the Legislature of anyone – regardless of party affiliation – who is accused of breaking the public trust."
Addiego and Rudder said they are drafting a resolution, which would create a bipartisan legislative panel to conduct expulsion hearings - a step required by Assembly Rules.
The lawmakers last week requested the state Office of Legislative Services to prepare a resolution that included Assemblyman Daniel Van Pelt (R-Ocean), but his inclusion became moot when he resigned Friday. Van Pelt was also arrested for bribery in the federal roundup.
"While these assemblymen are presumed innocent, that presumption is less important than preserving our state's democracy, which has been threatened by countless immoral office holders over the years," Rudder said.
Roberts also wrote, "I agree that we must send a strong message to the public that corruption will not be tolerated. But, I believe that the actions we take can never jeopardize the ongoing work of law enforcement as they continue to interview witnesses, collect evidence and develop their criminal case against these individuals. That is why I took the unprecedented action of suspending the pay and benefits of these members last week.
"I would once again renew my call for Assemblymen Smith and Vas to do the right thing for their constituents and for the good of the Legislature and resign because I believe that they cannot effectively serve the people they were elected to represent given the charges levied against them.''