2009-R3409
SENATE RESOLUTION providing for a Select Committee of the Senate to
investigate the facts and circumstances surrounding the conviction of
Senator Hiram Monserrate on October 15, 2009
WHEREAS, On March 23, 2009, Senator Hiram Monserrate was indicted in
State Supreme Court in Queens on felony and misdemeanor charges of
intentionally and recklessly causing physical injuries to another
person; and
WHEREAS, On October 15, 2009, Senator Hiram Monserrate was acquitted
in State Supreme Court in Queens of all felony charges, and convicted of
the misdemeanor charge of recklessly causing physical injury to another
person; and
WHEREAS, A conviction for such misdemeanor offense does not result in
the automatic forfeiture of office upon conviction under the Public
Officers Law; and
WHEREAS, The seriousness of these domestic violence charges and the
circumstances surrounding them warrant further investigation by the
Senate, and may warrant the imposition of sanctions by the Senate; now,
therefore, be it
RESOLVED, That a Select Committee of the Senate to investigate the
facts and circumstances surrounding the conviction of Senator Hiram
Monserrate is hereby established, to consist of nine Senators to be
appointed by the Temporary President of the Senate. Four of such members
shall be appointed upon the recommendation of the Minority Leader of the
Senate. The chairperson of such committee shall be appointed by the
Temporary President of the Senate; and be it further
RESOLVED, That such committee is hereby authorized and directed to
investigate the facts and circumstances relating to the conviction
against Senator Monserrate; and be it further
RESOLVED, That such committee shall have the same authority as commit-
tees constituted under Article 4 of the Legislative Law and Senate Rule
VII; and be it further
RESOLVED, That such committee shall ensure a full and fair investi-
gation, ensure fairness in the hearing process, specifically providing
Senator Monserrate and his counsel with notice of all public committee
proceedings, as well as ensuring opportunities for Senator Monserrate to
be heard; and be it further
RESOLVED, That such committee shall report to the Senate with its
recommendations; and be it further
RESOLVED, That upon the delivery of such report to the Senate, such
committee shall cease to exist.