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The Badger Herald

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The Badger Herald

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Legislator’s expulsion decision pushed back after accuser fails to show

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Rep. Wood, who has been charged with five OWIs, cited examples of misconduct by other lawmakers in his defense.[/media-credit]

A decision on whether to expel a state representative was postponed Wednesday due to his accuser’s failure to appear at the hearing.

Rep. Steve Nass, R-Whitewater, has led the charge to have Rep. Jeff Wood, I-Chippewa Falls, expelled from the Assembly. Wood has been charged with operating while intoxicated on three separate occasions since his election.

Many committee members expressed their disappointment at Nass’s lack of appearance. Committee Chair Rep. Mary Hubler, D-Rice Lake, said it is customary for an author of this sort of resolution to appear at a hearing, and it is unfortunate committee members could not ask him their questions.

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She announced at the end of the hearing the committee could not make a decision without the opportunity to question Nass.

Evansville citizen Matt Gaboda, who spoke at the hearing, said he thinks it is clear the committee should expel Wood.

“The last thing I need to worry about is a state representative barreling down the interstate taking out people,” Gaboda said. “You need to establish a principle that this is unacceptable behavior as a representative.”

Wood’s attorney John Hyland said a representative’s moral conduct outside the Assembly floor is not grounds for expulsion.

Hyland argued because no criminal charges can be pressed for actions that occur on the floor, it is the Assembly’s duty to punish those who commit moral misconduct there. However, off the floor, where criminal charges exist, the Assembly is not responsible for the moral actions of its members.

Wood took the committee through his history with drugs and alcohol, saying he owed it to his constituents to provide an explanation for his actions.

Wood said the first OWI occurred when he drank too much. He said he takes full responsibility for that occurrence and recognizes it as a mistake. He said the other two OWIs were given when he was under the influence of prescription drugs, though he added he had taken less than the legal limit.

He also said many representatives, including Nass, have had legal problems, but they are not potentially being expelled.

Wood added he has not had an alcoholic drink since July of 2009 and thinks regardless of his addictions, he has remained a good representative to his constituents. He and Hyland said the fact his constituents have not called for a recall election is proof of that.

“What I can do is set an example of how to overcome your obstacles,” Wood said. “I can represent my constituents well.”

Spokesperson Mike Mikalsen said his office was very surprised by Hubler’s comments about Nass, saying she has never requested information from him or requested he appear at this hearing. However, Nass will appear at a later hearing if Hubler asks him to, Mikalsen said.

He said Nass chose not to appear because it became clear Wood was going to try to make the hearing about Nass and his conduct as opposed to his own behavior.

“The hearing is not about Representative Nass. It is about Representative Wood’s conduct,” Mikalsen said.

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