HOUSE RESOLUTION NO. 2 [pdf]
WHEREAS, on February 27, 2018, the Speaker of the House of Representatives appointed the Special Investigative Committee on Oversight; and
WHEREAS, on March 1, 2018, the House of Representatives4 unanimously adopted House Resolution 5565, which authorized the Special Investigative Committee on Oversight to investigate allegations against Governor Eric R. Greitens and report back to the House of Representatives; and
WHEREAS, on April 11, 2018, the Special Investigative Committee on Oversight submitted a report of its findings relating to such investigation. On April 30, 2018, such committee submitted a supplement to its first report. On May 2, 2018, such committee submitted a second report of its findings relating to such investigation; and
WHEREAS, under the authority given in Section 18, Article III of the Constitution of Missouri, the House of Representatives adopted rules of procedure for the hearings and investigations of the Special Investigative Committee on Oversight in House Resolution 5565:
NOW THEREFORE BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-ninth General Assembly, First Special Session of the Second Regular Session, pursuant to House Rule 64(3), hereby authorize the Special Investigative Committee on Oversight to recommend disciplinary actions including, but not limited to, remonstrance or censure or introduce upon report articles of impeachment; and
BE IT FURTHER RESOLVED that the Special Investigative Committee on Oversight shall consist of ten members of the House of Representatives appointed by the Speaker of the House of Representatives, not more than seven members being from the same political party; and
BE IT FURTHER RESOLVED that the Rules of the House of Representatives, Ninety-ninth General Assembly, and the following rules shall apply during the second regular session and any special session of the Ninety-ninth General Assembly, as appropriate:
RULE 1
Any hearings upon such issue shall be commenced at such time and place as determined by the chair. A recess may be requested by any member of the committee. Adjournments shall be determined by the chair. The special committee shall be allowed to meet or conduct hearings during the session of the House of Representatives without requesting leave of the House of Representatives.
RULE 2
Any hearings shall be open to the public and press, except that the committee, upon a majority vote, may close all or a portion of such hearings to hear the testimony of certain witnesses, review evidence, or for purposes of meeting with committee counsel. Counsel for the Governor shall be allowed to attend any closed hearings involving the testimony of witnesses. At the conclusion of the investigation, the committee shall prepare a transcript of the hearings, except that the committee, upon a majority vote, may order that the identity of certain witnesses, certain testimony, or certain evidence be redacted, blurred, or obfuscated in a manner to protect the identity or privacy of any witness. At the conclusion of the investigation, the committee shall make a copy of all committee records available to any member of the House of Representatives, except that the committee, upon a majority vote, may order that the identity of certain witnesses, certain testimony, or certain evidence be redacted, blurred, or obfuscated in a manner to protect the identity or privacy of any witness. All public hearings shall be recorded and live-streamed on the website of the House of Representatives. The chair shall determine the extent and the manner in which cameras or other audio or visual recording devices and ancillary lighting and electrical equipment shall be allowed at such hearings.
RULE 3
Only appointed members of the special committee may question witnesses.
RULE 4
Only persons called as witnesses by the special committee may testify as witnesses. Any person called as a witness, or his or her legal counsel, may file a sworn written statement relevant to the purpose, subject matter, and scope of the committee’s proceedings. Any other person desiring to testify as a witness may petition the committee for permission to testify by presenting a written statement of the substance of the proposed testimony to the chair at least twenty-four hours prior to the testimony. The committee, upon a majority vote, shall have discretion of whether to allow such person to testify as a witness.
RULE 5
All witnesses shall testify under the following oath, which shall be administered by the chair:
“Do you solemnly swear (or affirm) that the testimony you shall give in the hearing now pending before this committee shall be the truth, the whole truth, and nothing but the truth, so help you God?”.
RULE 6
Formal rules of evidence shall not apply to the hearings. The committee may compel the attendance of witnesses and the production of any paper or document, enforce obedience of its orders, preserve11 order, and punish in a summary way contempt of and disobedience to its authority. The sergeant-at-arms of the House of Representatives, under direction of the committee, shall execute the lawful orders of the committee and may employ such aid and assistance as may be necessary to carry out and enforce such orders.
RULE 7
Subpoenas for the appearance of witnesses and subpoenas duces tecum for the production of any paper or document shall be issued by the Speaker of the House of Representatives, upon request of the committee, in the manner prescribed by law. A subpoena or subpoena duces tecum may be enforced by statutory or common law, or by applying to a judge of the circuit court of Cole County for an order to show cause why the subpoena or subpoena duces tecum should not be enforced.
RULE 8
The chair shall preside over the hearings and shall rule on all questions regarding decorum and procedure. The committee, upon a majority vote, shall rule on all questions regarding the admission or rejection of testimony. The chair may request assistance from any law enforcement agency to maintain order at the hearings and in the hallways and spaces adjoining the hearing area. The chair shall rule on any appropriate matter not covered by these rules.
RULE 9
Each witness has the right to legal counsel and the right to be accompanied by such counsel. No witness or his or her counsel shall be admitted to the room in which the hearing is being conducted until such person is called by the committee for such person’s testimony.
BE IT FURTHER RESOLVED that notice shall be provided to the public at least twenty-four hours in advance of all hearings of the committee and shall contain the time, location, and subject matter of the hearing. Such notice shall include the identity of any witness whose testimony may be offered. Under exigent circumstances and upon a majority vote of the committee, notice of the identity of a witness may be given less than twenty-four hours in advance; and
BE IT FURTHER RESOLVED that if any documentary evidence is to be offered at any hearing, copies thereof shall be made available to the members of the committee at least twenty-four hours in advance of such hearing unless good cause is shown for later disclosure; and
BE IT FURTHER RESOLVED that the Rules of Civil Procedure and the Rules of Criminal Procedure shall not apply to hearings conducted by the Special Investigative Committee on Oversight or during the consideration of any findings and recommendations of the committee by the House of Representatives; and
BE IT FURTHER RESOLVED that, after all evidence has been presented and all witnesses have been heard, in the discretion of the chairman, counsel for interested parties shall be allowed to make presentations, both orally or in writing, to the committee, subject to reasonable time limitations as determined by the chairman; and
BE IT FURTHER RESOLVED that if the Special Investigative Committee on Oversight recommends that disciplinary actions or articles of impeachment be considered, such committee shall hold at least one public hearing to consider disciplinary actions or articles of impeachment prior to introducing such upon report. A draft of any disciplinary actions or articles of impeachment shall be distributed by the chairman to all members of the Special Investigative Committee on Oversight at least twenty-four hours and one legislative day prior to such public hearing; and
BE IT FURTHER RESOLVED that, pursuant to House Rule 64(3), any disciplinary actions or articles of impeachment introduced upon report by the Special Investigative Committee on Oversight shall be read by title on three separate days and may be considered by the House of Representatives without referral to committee. Any such disciplinary actions or articles shall lay on the calendar for one legislative day prior to being read a third time; and
BE IT FURTHER RESOLVED that the Speaker of the House of Representatives shall designate two members of the Special Investigative Committee on Oversight as floor handlers, one from the majority party of the House of Representatives and one from the minority party of the House of Representatives, who shall present the results of the investigation of the Special Investigative Committee on Oversight and any disciplinary actions or articles of impeachment to the House of Representatives. Such presentation shall not count against the time limitations of either party; and
BE IT FURTHER RESOLVED that there shall be a ten-hour limitation on the total time of floor debate allowed for the purpose of discussing the findings of the Special Investigative Committee on Oversight and considering any disciplinary actions or articles of impeachment. Such time shall be divided equally between, and controlled by, the majority floor leader and the minority floor leader, or their designees. The majority party floor handler shall have the right to the final ten minutes of designated time. If time has been allocated and unused by either side after all disciplinary actions or articles of impeachment have been considered and no member from that side is seeking recognition to further discuss any disciplinary action or article of impeachment, the Speaker may declare additional time waived and recognize the members from the other side to complete the use of their time. No member, other than the floor handlers, shall be allowed to speak or inquire longer than the Rules of the House of Representatives otherwise allow. For speaking purposes, each disciplinary action or article shall be treated as a separate question; and
BE IT FURTHER RESOLVED that no motion to recommit any disciplinary action or article of impeachment shall be in order; and
BE IT FURTHER RESOLVED that if the House of Representatives is satisfied that there is good cause to impeach or otherwise discipline Governor Eric R. Greitens, the disciplinary actions or articles of impeachment drafted by the Special Investigative Committee on Oversight shall be immediately considered, amended, and approved; and
BE IT FURTHER RESOLVED that each disciplinary action or article of impeachment shall be considered and amended individually and shall be considered approved upon a vote of those members elected, pursuant to Section 27, Article III of the Constitution of Missouri; and
BE IT FURTHER RESOLVED that any articles of impeachment approved by the House of Representatives shall be delivered by the Chief Clerk of the House of Representatives to the Senate, pursuant to sections 106.040 and 106.080, RSMo, for consideration by the special commission of seven eminent jurists elected by the Senate pursuant to Section 2, Article VII of the Constitution of Missouri; and
BE IT FURTHER RESOLVED that if the House of Representatives adopts any articles of impeachment, the House of Representatives shall elect two managers to prosecute the impeachment pursuant to section 106.040, RSMo, one from the majority party and one from the minority party. The special counsel for the Special Investigative Committee on Oversight shall, under the direction of the managers, present and prosecute the articles of impeachment adopted by the House of Representatives before the jurists elected by the Senate to final conclusion.
That’s the process.
