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Panel dismisses complaint against Ariz. Senator
Senator is up for re-election
Published Thursday, 21-Aug-2008 in issue 1078
PHOENIX (AP) – A legislative committee dismissed an ethics complaint Aug. 12 against a lawmaker accused of breaking rules by cutting off a debate that served as a filibuster for opponents of a referendum to prohibit same-sex marriage.
The target of the complaint, Republican Sen. Jack Harper of Surprise, apologized for contributing to what he called a divisive environment in the last days of this year’s legislative session, but said repeatedly that he did nothing wrong.
“I don’t believe I broke the rules,” said Harper, whose complaint was thrown out on a 3-2 party-line vote by the Senate’s ethics committee.
Harper was debate chairman on the last day of the legislative session when he halted delaying tactics by other senators. They were trying to string out discussion of unrelated legislation in order to postpone or prevent a vote on the gay marriage referendum.
While presiding over the Senate, Harper abruptly transferred the right to speak from a senator participating in the filibuster to a supporter of the measure, which was narrowly approved by the Senate and will appear on the November ballot for voters to decide.
Democratic Sen. Ken Cheuvront of Phoenix, who filed the complaint and was participating in the filibuster with the Senate’s other acknowledged gay member, had asked for a reprimand of Harper for violating a rule on conduct of debate.
Cheuvront alleged Harper stifled debate when he was obligated by the rules to protect the Senate’s processes.
At Tuesday’s hearing, Cheuvront said his complaint wasn’t motivated by a desire to hurt Harper’s re-election campaign. “I have nothing to do with his election. I don’t care,” Cheuvront said.
Republican Sen. Jay Tibshraeny of Chandler, who cast the deciding vote to throw out the complaint, said Harper apologized for his conduct and will face repercussions for his actions.
“But as I looked at it, I could not say that violating a rule – which could happen to somebody – was an ethics violation,” Tibshraeny said.
Democratic Sen. Richard Miranda of Phoenix, who voted against dismissing the complaint, said Harper’s decision to cut off the vote has larger implications.
“If and when we violate their right to speak, we are violating the right to speak for several of thousands of persons he is there to represent,” Miranda said.
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