Ethics panel votes to censure Michael Maine lawmaker punished for behavior toward colleagues in Legislature

AUGUSTA – An independent state legislator from Auburn was on his way to becoming a historic figure Monday as the first lawmaker ever to be censured by the Maine House of Representatives.

The House Ethics Committee voted unanimously Monday to censure Rep. John Michael, who last month unleashed an obscenity-laden tirade against Democratic state Sens. Peggy Pendleton of Scarborough and Neria Douglass of Auburn. The committee requested House Clerk Emeritus Joe Mayo to draft a censure resolution today that could be decided by the House with a majority vote as soon as Thursday. Mayo said an affirmative House vote would be a first.

“We tried to research a sample censure resolution in the Maine Legislative Law Library and we couldn’t find one,” Mayo said.

The details of the censure resolution remained undetermined Monday, but a meeting of the committee today is expected to produce a complete recommendation. The censure is likely to include language that reflects the House members’ condemnation of Michael’s conduct along with a request for formal apologies and possible counseling for anger management.

In an argument over the referencing of bills that started in the rear of the House and continued down the hall to the Senate’s Democratic offices, Michael verbally accosted Pendleton on Jan. 25. The dispute began over Michael’s belief that Pendleton had betrayed his trust over a bill referencing issue and had not adhered to their informal agreements.

Using what Pendleton referred to as “the F-word,” Michael screamed at the senator in the Senate Democratic offices and told her that she had “no balls.” Douglass said that when she attempted to intervene on Pendleton’s behalf, Michael directed his wrath toward her.

Senate President Michael Michaud, D-East Millinocket, responded to Michael’s behavior by banning him from entering the area of the Maine Senate for two years. House Speaker Michael Saxl, D-Portland, suspended the representative from his assignment to the State and Local Government Committee, which is co-chaired by Pendleton, after Michael agreed voluntarily to step down temporarily.

Last week, the committee called numerous witnesses who testified that they had observed the encounter and that both women appeared to be upset and afraid. A few witnesses also spoke in Michael’s behalf and claimed Pendleton had actually initiated the dispute and that Michael appeared confused by her behavior. Michael, who has apologized to both women and members of the House, told the committee he thought the entire incident had been distorted by the media.

Under questioning from Rep. Glenys P. Lovett, R-Scarborough, Michael admitted last week that he may have used objectionable language with the women, but continued to argue that the spat was no different from others he witnessed daily in the Legislature. He also wouldn’t rule out that the proceedings against him could be motivated by majority Democrats in the House in retaliation for defeating a Democratic incumbent last fall.

The committee motion to censure Michael was made by Rep. David L. Tobin, R-Windham, who said the lawmaker’s earlier apologies needed to be more forthright and less qualified.

“Unfortunately, every time he has apologized, he’s added two sentences and that was to place blame on somebody else,” Tobin said. “The people of the state of Maine expect more out of its representatives and senators, and I hope for the good of the institution the representative can meet and apologize to the senators and the apologies would be accepted.”

Those concerns were echoed by Rep. Charlie Mitchell, D-Vassalboro, who said he was disturbed that Michael’s statements did not match the apologies, including some defensive remarks the Auburn legislator made at a press conference in his hometown.”Any attempt to label this as partisan insults the intelligence of Mainers and is embarrassing,” Mitchell said. “The people who have been the biggest losers in this are Representative Michael’s constituents in Auburn, and the true apology is owed to them.”

Michael said he has apologized four times for his behavior, adding, “If the committee wants me to apologize again, I will.

“I think the way to apologize is to put a period at the end of the apology and certainly if they want that, I’ll do that,” he said.

Ethics Committee Chairwoman Elizabeth Watson, D-Farmingdale, said she believed the committee’s censure recommendation would be humiliating for any lawmaker who valued his good name. The panel, she said, reached a conclusion that she hopes will promote a safer and less stressful environment in the State House.

“I think it’s hard enough in this job to keep track of what your interests are and to best advocate for them without someone being abusive toward you in your daily work,” she said.

Not everyone was convinced the committee’s decision was on the mark. Rep. Stavros Mendros, R-Lewiston, is a Michael ally who believes passionate arguments have a place in Maine politics.

“This will make for a more civil State House, but is it going to make for better laws?” he asked.