The impeachment process for ASUI Senator Zack Goytowski stopped after the bill failed to pass a two-thirds vote of the Senate.
“It was a nightmare and I’m glad that it’s over with,” Goytowski said. “I haven’t been able to focus on school because I’ve been busy defending myself.”
The Senate appeared divided in its meeting Wednesday when discussion began on senate bill S12-04, articles of impeachment against Sen. Goytowski.
Goytowski presented a printed defense to senators that outlined his stance on the impeachment process and the allegations filed against him.
“These are not grounds for impeachment and I think everyone here needs to know that,” Goytowski said.
The Ways and Means Committee, headed by Pro Tempore J. Jacob Marsh who wrote the bill for impeachment, recommended the senate move to a formal impeachment hearing with a 3-0-0 vote.
“We did look through the constitution, and we did look through very seriously and deliberately the articles of impeachment as they were written,” Marsh said. “We did not, obviously, make a determination on the truth or falsity of the articles of impeachment, however we did determine that given the preponderance of evidence that it was necessary to proceed to a hearing.”
Marsh said the evidence present called for the ASUI Senate to hold a hearing in order to make a definitive decision about the allegations against Goytowski.
“It would not be to the credit of the ASUI Senate if we did not at least determine if that evidence is true or false,” Marsh said.
Goytowski stood accused of violating several campaign regulations as outlined by the articles of impeachment filed by Marsh.
“No one was allowed to continue formal campaigning, i.e. written endorsement of yourself, passing out of flyers and whatnot, asking people to vote for you, taking your laptop around during the three days of elections, and that was something that had been implemented last spring,” said ASUI Elections Coordinator, Amanda Niehenke.
Goytowski said he was not defending the allegations made against him during the senate meeting.
“I’m defending whether it’s within the rules and regulations to impeach me, and I should have a right to defend myself on that,” Goytowski said. “A first time offense to the rules and regulations without a reprimand does not constitute grounds for impeachment and so therefore by holding an impeachment trial we would be violating our own rules and regulations.”
Goytowski said the allegations were all in reference to violations of the 2000 series of ASUI Senate rules and regulations.
“The rules and regulations have clear stipulations for how any elections violations are to be handled, and those have not been handled in that manner,” Goytowski said. “I was never presented with a formal fine, nor have I been given the opportunity of legal defense to defend those fines as they’re described in the rules and regulations.”
Senator Joe Heiner said during discussion of the bill that he was inclined to agree with Senator Goytowkski.
“Based on section 1070.01, which says that anyone who blatantly breaks the rules is subject to reprimand, and then section 1070.40, which says that an ASUI elected official may be subject to impeachment only after a reprimand,” Heiner said. “And I believe that a reprimand must also be submitted in resolution form.”
Heiner was one of several senators who felt proper procedure had not been followed regarding the impeachment process.
“Since we have never seen (a resolution) I don’t think that we can proceed with the hearing based on our rules and regulations,” Heiner said.
After a lengthy discussion, interrupted by multiple points-of-order as well as two recesses to discuss procedure, only five senators voted to move to a formal impeachment hearing. This did not meet the two-thirds majority requirement and the impeachment process was stopped.
“There are some people in ASUI who don’t like me, and I think part of this goes back to the furniture legislation. I came out and I stood against that,” Goytowski said.
Goytowski said he would not speculate the articles of impeachment were served as a direct retaliation to his affiliation with the Occupy ASUI movement. He said he does think he made some enemies as a result.
Goytowski said he agreed that the senate should come to a determination whether the accusations against him were true or false, but he said impeachment was not the proper procedure to make that determination.
“There has not been an impeachment of an ASUI elected official in over 17 years,” Goytowski said. “A first time offense to the rules and regulations without a reprimand does not constitute grounds for impeachment.”