The Senate Rules Committee has voted 3-2 to have the full Senate suspend Franklin County Sen. Norman McAllister until his pending sexual assault criminal charges have been resolved.
McAllister told the committee he has done nothing wrong and he maintains that he is innocent of all the charges.
McAllister was arrested last spring at the Statehouse and was charged with several counts of sexual assault; one of the charges allegedly involves a young woman who served as McAllister's intern last session.
Senate President John Campbell said the rules committee was considering a resolution to expel McAllister from the Senate. But he said that effort was dropped because it would have resulted in a full Senate trial in which the alleged victims would be forced to testify.
"We're concerned about interfering with the state's ability to prosecute this case, whether it be due to contact with witnesses or requesting the law enforcement to express all of their specific investigation,” Campbell said.
Before the committee voted, they heard from McAllister. He urged the committee not to take any action against him and he denied all the charges.
"I should be afforded the same thing any other citizen of Vermont or United States is, and that's presumption of innocence until proven guilty. I have not done what I am accused of,” McAllister said. “It's kind of like, I see it as when you've got somebody down on their knees, so kick them in the head. And that's the way I look at this proceeding."
"Having a senator sit and vote and receive that deferential treatment with those felony sexual assault charges pending, I think that that is the Senate ignoring the dictates of its own permanent rules on sexual harassment." - Sen. Phillip Baruth
And McAllister promised legal action if the committee tried to suspend him.
“I have had constituents tell me that they will bring a lawsuit if I'm not allowed to represent them, if that's necessary,” McAllister said.
Chittenden Sen. Phillip Baruth sponsored the suspension resolution. He argued the Senate needed to remove McAllister until the criminal charges have run their course.
“It's my belief that having a senator sit and vote and receive that deferential treatment with those felony sexual assault charges pending, I think that that is the Senate ignoring the dictates of its own permanent rules on sexual harassment,” Baruth said.
"I should be afforded the same thing any other citizen of Vermont or United States is, and that's presumption of innocence until proven guilty." - Sen. Norm McAllister
But Rutland senator Peg Flory strongly disagreed with this approach. She said McAillster's constituents in Franklin County have a constitutional right to be represented, and said it's wrong for the Senate to act until the criminal case has been fully resolved.
“For me, the presumption of innocence for anyone is so strong – should be so strong, that I don't think we should do it,” Flory said.
The suspension resolution will be introduced on the first day of the 2016 session The full Senate is expected to debate this issue on Wednesday, Jan. 6.
Update 5:11 p.m. This story has been updated to include additional reporting.
