by Mike Smith In a recent commentary, SenatorJoe Benning, R-Caledonia, advocated for the expulsion of Sen. Norm McAllister, R-Franklin, from the Vermont Senate.In May, near the end of the legislative session, McAllister was arrested and charged with multiple counts of sexual assault and prohibited acts. Authorities say women were coerced to exchange sex for rent to live in a trailer on McAllister’s farm. In addition, shortly after McAllister was charged, the newspaper Seven Days interviewed a young woman who had worked for him, first on his farm in northern Vermont and later in Montpelier as his intern.
She contends she was repeatedly sexually assaulted on the farm and in a Montpelier apartment McAllister shared with other lawmakers. The victim, who is reportedly 20 years old now, says the assaults may have started when she was as young as 15 or 16. The legal age of consent in Vermont is 16. According to a Seven Days interview in October of this year, McAllister admitted to having sex with the women including his intern, but maintains it was consensual and she was over the age of consent.
McAllister’s attorney cautioned at the time that there were two sides to the story and asked the public not to rush to judgment. Nonetheless Senator McAllister did not return to the State House for the ending of last year’s session.
His Senate colleagues struggled with how to handle this unusual situation, with many believing he should resign his seat, given the severity of the accusations. McAllister has to date refused to resign from the Senate, despite calls from top elected officials even in his own party. He insists he has done nothing wrong and is planning to return to the Senate in January while his criminal case moves through the judicial process. Before the close of the session, with limited options, the Vermont Senate stripped McAllister of his committee assignments.
Senator Benning says, “Whether his actions constitute criminal behavior rightfully belongs within the purview of a jury to decide.” But he cites as his reason for expelling McAllister his lack of committee assignments, noting that “constituents, his party caucus and the committees he served on are deprived of his voice and his vote.” Benning also says, “Constituents with needs may be unlikely to approach him given these handicaps or the nature of the charges. The totality of these circumstances make it virtually impossible for him to perform the duties of his office.”
It is my view that McAllister should resign and not return to Montpelier while these accusations are hanging over him. I have been very critical, in this column, of the after-hours behavior in Montpelier that combines alcohol, off-color jokes and sexual innuendo among members of all parties — behavior that would never be tolerated in a legislator’s home district. It is condoned as harmless fun, camaraderie and politicians being politicians.
It’s this atmosphere that leads to a very young woman staying in the same apartment, and possibly the same bedroom, as a state senator, some four decades her senior, and no one — including the other legislators staying there — having the courage to say anything. It doesn’t help that there are no clear ethics rules or an ethics panel to enforce them.
But Benning’s logic for expulsion has flaws. One reason McAllister can’t serve his constituents is because the Senate won’t allow him to serve on committees. Senate leaders stripped him of his committee assignments. But if McAllister shows up and cannot meet his constituent’s needs it’s because the Vermont Senate has denied him that opportunity. That suggests that the criminal allegations do play a factor in the Senate’s decision.
Additionally, if we apply a standard of not being able to serve constituents to other circumstances — say, senators who are ill for long periods of time or need an extended leave for military service or other accommodations — should they too be expelled? Certainly, these cases are much different than that of McAlister, but it does test the logic.
If the senators wish to expel McAllister, they should be upfront about it. They should address the issue of a senator in a position of power and authority who appears to have abused his relationship with a subordinate. They should take a stand on whether a senator accused of predatory acts against women should be allowed to stay in the Senate. And maybe they should contemplate holding others accountable for allowing this to happen right under their nose.
But they shouldn’t try to twist logic to make a case to avoid these circumstances.
Mike Smith was secretary of administration and secretary of human services under former Gov. Jim Douglas. He is the host of the radio program “Open Mike with Mike Smith” on WDEV 550 AM and 96.1, 96.5 and 101.9 FM. He is also a political analyst for WCAX-TV and WVMT radio and is a regular contributor to the Times Argus, Rutland Herald and Vermont Business Magazine.