SENATE RESOLUTION condemning the conduct and calling for the expulsion
of Senator Hiram Monserrate

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 2, 2009; and
WHEREAS, Senator Monserrate is currently the Chair of the Senate
Consumer Protection Committee and as such receives a stipend for that
service; and
WHEREAS, Within two months of Senator Monserrate's election, the Sena-
tor-elect was charged with multiple crimes alleged to have been commit-
ted on his girlfriend on December 19, 2008, as a result of an incident
occurring initially in and outside of the Senator's apartment; and
WHEREAS, The Senator was indicted and tried for said crimes in a non-
jury trial before the Supreme Court of Queens County, Justice William
Erlbaum presiding; and
WHEREAS, Justice Erlbaum found the Senator guilty of misdemeanor reck-
less assault, by recklessly causing physical injury to his girlfriend;
and
WHEREAS, Upon the conviction and prior to the sentencing, the New York
State 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; the resolution
stated that the inquiry was based upon the determination of the Senate
that the conviction was based in part on the seriousness of the domestic
violence charges and the circumstances surrounding them warrant further
investigation and may warrant the imposition of sanctions by the Senate;
and
WHEREAS, The Resolution mandated that the Committee ensure a full and
fair investigation and, to that end, notice of the meetings of the
Committee was provided to the public and Senator Monserrate's counsel,
and further the Senator was offered the opportunity to appear before the
Committee; and
WHEREAS, The Committee reviewed the entire transcript of the Senator's
criminal trial, the videotapes of the events of the night at the
Senator's building and at Long Island Jewish Hospital, the Grand Jury
testimony and the written statement of the Senator's girlfriend, routes
to Long Island Jewish Hospital where the Senator took his girlfriend for
treatment, relevant telephone records of the Senator and his girlfriend,
as well as Senator Monserrate's interviews with the media after the
sentencing, and other relevant information, including some, but not all,
of the defense exhibits solely because the defense attorneys refused to
provide said exhibits to the Committee; and
WHEREAS, The Committee with staff met a number of times in Executive
Session to review evidence, ask questions and deliberate concerning
matters before it; and
WHEREAS, Though asked through counsel, both Senator Monserrate and his
girlfriend refused to appear before the Select Committee to answer its
questions on the circumstances underlying his misdemeanor conviction;
and
WHEREAS, The Select Committee completed its investigation of this
matter on or about December 31, 2009, and, in accordance with Senate
Resolution 3409, filed a 60 page report with recommendations detailing
the facts, the investigation, the evidence reviewed, the findings of the
Committee and the legal authority of the Senate to act; and
WHEREAS, The Committee found that Senator Monserrate's actions were
serious enough to warrant severe sanctions; that Senator Monserrate's

crime of conviction constituted domestic violence; that the Senate of
the State of New York and the laws of the State of New York have a zero
tolerance policy for domestic violence; and that the version of events
propounded by Senator Monserrate at trial through counsel and in his own
statements in the media after the sentencing were not credible; more-
over, nor did the Committee find the version of events provided by the
Senator's girlfriend credible; in addition, the Committee further found
that the versions of events of Senator Monserrate and his girlfriend are
mutually inconsistent; and, that Senator Monserrate himself and by and
through counsel failed to cooperate with the Committee; and
WHEREAS, The Committee found that Senator Monserrate failed to accept
responsibility for his actions, failing to take responsibility for being
the cause or the source of harm to his girlfriend on the evening on
December 19, 2008, and refusing to acknowledge that his misdemeanor
conviction was a domestic violence offense; and
WHEREAS, The Senate, pursuant to the New York State Constitution,
Article III, Section 9, shall be the judge of the qualifications of its
own members; and
WHEREAS, This Legislative Body has express authority under Section 3
of the Legislative Law to expel any of its members, after the report of
the Committee to inquire into the charges against any such member; now,
therefore, 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 Senator Monserrate's behavior has brought disrepute on
the Senate, and damaged the honor, dignity and intergrity of the Senate;
and be it further
RESOLVED, That the foregoing conduct of Senator Monserrate is incom-
patible with the duties of the Senate to uphold public confidence in
government and promote the administration of justice under law; and be
it further
RESOLVED, That the actions of Senator Monserrate in totality are not
compatible with the responsibilities of the office, and with the quali-
fications and behavior expected of and by a State Senator of New York;
and be it further
RESOLVED, That upon the Report of the Select Committee, in light of
the gravity of the foregoing facts and circumstances as duly determined
pursuant to law, and by the authority vested in the Senate by the
Constitution and laws of the State of New York, the Senate hereby expels
Senator Monserrate from the New York State Senate; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to the Governor of the State of New York, the Secretary of State
of the State of New York, and the Secretary of the Senate of the State
of New York for the purpose of removing Hiram Monserrate as a Senator in
and for the 13th District.