The representative calling for the expulsion of Rep. Jeff Wood, I-Chippewa Falls, testified Tuesday in front of the Assembly Special Committee on Ethics and Standards of Conduct.
Rep. Steve Nass, R-Whitewater, came forth to testify at the behest of the committee after missing the March 3 meeting. Nass originally drafted the expulsion measure against Wood in Oct. 2009 after Wood was arrested on suspicion of operating while intoxicated and chose not to resign.
In his testimony, Nass pointed to Wood’s criminal record, including prior charges of operating while intoxicated before Wood was elected to the Assembly.
“[Wood] is lucky for only facing expulsion and charges in court. He’s lucky he’s not dead or (has) killed others,” Nass said.
Nass’ assertion drew criticism from Wood’s lawyer, John Hyland, who said the past behavior of youth and the time before Wood’s tenure as a legislator should not have bearing on this decision.
Hyland also questioned how the expulsion committee could make a decision before Wood’s court cases are decided.
Nass countered by saying the evidence before the committee — including a video from the responding state patrol officers’ car — could be interpreted by “any reasonable person” as improper behavior.
Committee Chair Mary Hubler, D-Rice Lake, asked Nass why he did not draft an expulsion measure against Wood after a 2008 OWI arrest. Rep. Tony Staskunas, D-West Allis, echoed this point, questioning if Nass thought there should be a set number of serious arrests before considering expulsion.
Nass responded by saying all serious arrests should raise concern among the Assembly, but he felt there would not have been an adequate number of votes for that expulsion.
“I felt that with [the 2008] offense [the measure] would not have given expulsion but…two (arrests) within 10 months is enough,” Nass said.
Rep. Gary Hebl, D-Sun Prairie, raised concern over Nass’ argument not to wait for a court decision, asking whether Wood should be considered innocent until proven guilty — like every other United States citizen.
Nass refuted this by saying the Assembly hearing is not a courtroom, and the Assembly has a duty to monitor member behavior. On that same note, Hyland asked Nass if the offenses took place in the immediate vicinity of the Capitol.
Nass pointed to the fact that Wood was arrested shortly after an Assembly vote and officers found a large amount of pills missing from a recently filled prescription, so it could be reasonably assumed they were taken in the Capitol.
“You assert no facts that it occurred in [the Capitol] square,” Hyland said. “Even though the pills are not accounted for doesn’t mean (Wood took them) factually.”
Nass emphasized the fact that Assembly members have a duty to maintain decorum beyond the Capitol offices, as they work in their district and other areas of the state as well.
“If you’re trying to say that [behavior] under dome is what’s in the (state) constitution I totally disagree,” Nass said. “We are out there seven days a week for engagements… (this is) not a matter that the constitution applies only under the dome.”
