SENATE RESOLUTION providing for the expulsion from the New York State
Senate of Senator Hiram Monserrate of the 13th Senate District

WHEREAS, On November 4, 2008, Hiram Monserrate was elected to the New
York State Senate for the 13th Senate District and took his oath of
office on January 7, 2009; and
WHEREAS, Within two months of Hiram Monserrate's election, the Sena-
tor-elect was charged with multiple crimes alleged to have been commit-
ted by him against Karla Giraldo, the Senator-elect's girlfriend, on
December 19, 2008, resulting from an incident occuring initially in and
outside of the then-Senator-elect's Queens, New York, apartment; and
WHEREAS, On October 15, 2009, New York State Supreme Court Justice
William M. Erlbaum rendered a guilty verdict against Senator Hiram
Monserrate, relative to the Queens County Grand Jury Indictment accusing
the Senator of the crime of assault in the third degree, by recklessly
causing injury to Karla Giraldo by forcibly dragging her by her arm; and
WHEREAS, On November 9, 2009, the Senate adopted Senate Resolution
3409 establishing a Select Committee of the Senate to investigate the
facts and circumstances surrounding the conviction of Senator Hiram
Monserrate on October 15, 2009, of the misdemeanor charge of recklessly
causing physical injury to Karla Giraldo; and
WHEREAS, Senate Resolution 3409 stated that the seriousness of the
domestic violence charges involving Senator Monserrate and the circum-
stances surrounding them warrant further investigation and may warrant
the imposition of sanctions by the Senate; and
WHEREAS, In the course of its investigation the Select Committee
reviewed, among other things, the minutes of Senator Monserrate's crimi-
nal trial, the People's exhibits admitted at the trial, the grand jury
testimony of Ms. Giraldo, and a notarized statement by Ms. Giraldo dated
December 19, 2009, as well as recordings of Senator Monserrate's inter-
views with various media outlets during which he discussed the events
surrounding his misdemeanor conviction; and
WHEREAS, In the course of its investigation, the Select Committee
offered Senator Monserrate and Ms. Giraldo a reasonable opportunity to
appear before the Committee or, in their discretion, to present oral or
written evidence and arguments to the Committee through counsel; and
WHEREAS, Both Senator Monserrate and Ms. Giraldo, through counsel,
rejected the Select Committee's offers to appear before it or present
oral or written evidence and arguments to the Committee for its consid-
eration; and
WHEREAS, Senator Monserrate refused to cooperate with or assist the
Select Committee in any meaningful way in its investigation of this
matter; and
WHEREAS, The Select Committee completed its investigation and deliber-
ations, and rendered a report with recommendations, dated January 13,
2010, to the Senate on January 14, 2010, pursuant to Senate Resolution
3409, with the delivery of such report to the Temporary President,
Majority Leader, Democratic Conference Leader and Minority Leader of the
Senate; and
WHEREAS, As found by the Select Committee, Senator Monserrate's
assault of Karla Giraldo on December 19, 2008, which formed the basis of
his October 15, 2009 misdemeanor conviction, was a crime of domestic
violence involving Senator Monserrate's charge of recklessly causing
physical injury to Ms. Giraldo, a person with whom he had an "intimate
relationship" as defined by the criminal laws of this State; and
WHEREAS, The Select Committee completed its investigation and made
certain findings including that Senator Monserrate should face sanction

by the Senate as a body; and that Senator Monserrate's crime of
conviction constituted domestic violence; and that the Senate of the
State of New York and the laws of the State of New York have and reflect
a zero tolerance policy for domestic violence; and
WHEREAS, That the behavior of Senator Monserrate has brought disrepute
upon the New York State Senate and has severely damaged the insti-
tution's honor, dignity, integrity and public reputation; now, there-
fore, be it
RESOLVED, That the Senate of the State of New York does hereby condemn
the conduct of Senator Monserrate surrounding his conviction for reck-
less assault; and be it further
RESOLVED, That the actions of Senator Monserrate, as measured in their
totality, are not compatible with his oath of office and the qualifica-
tions and behavior expected of and by a State Senator for the State of
New York; and be it further
RESOLVED, That this Body has the authority under Article III, section
9 of the New York State Constitution to adjudge the qualifications of
its own members; and be it further
RESOLVED, That this Body assembled in Senate has the express authority
under section 3 of the Legislative Law to expel any of its members,
after the report of a committee to inquire into the charges against any
such member or members shall have been made; and be it further
RESOLVED, That in light of the gravity of Senator Monserrate's conduct
and behavior, as duly investigated, found and reported by a committee of
the Senate, and upon the January 13, 2010, report and recommendation of
the New York State Senate Select Committee to Investigate the Facts and
Circumstances Surrounding the Conviction of Hiram Monserrate on October
15, 2009, and upon the authority vested in the Senate by the New York
State Constitution and state Legislative Law, the Senate of the State of
New York, duly assembled, hereby expels Hiram Monserrate from the
Senate; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to The Honorable David A. Paterson, Governor of the State of New
York; Lorraine Cortes-Vazquez, Secretary of the New York State Depart-
ment of State; and Angelo J. Aponte, Secretary of the Senate of the
State of New York.