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Posted: 6:26 a.m. Friday, Nov. 19, 2010
By Jamie Dupree
This is the short report issued by the House Ethics Committee on Thursday night, hours after the panel recommended the penalty of censure for Rep. Charlie Rangel (D-NY). A full house debate and vote on the matter is expected after the House returns from a Thanksgiving break.
STATEMENT OF THE CHAIR AND RANKING REPUBLICAN MEMBER OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT REGARDING REPRESENTATIVE CHARLES B. RANGEL
November 18, 2010
FOR IMMEDIATE RELEASE
Pursuant to Committee Rules 7( d) and 7(g), the Chair and Ranking Republican Member ofthe Committee on Standards of Official Conduct (Standards Committee) released the attached report.
IN THE MATTER OF REPRESENTATIVE CHARLES B. RANGEL
November 18, 2010: The Committee on Standards of Official Conduct submitted the following:
REPORT
The Committee on Standards of Official Conduct ("Committee") submits this privileged report pursuant to House Rule XI, Clause 3(a)(2) and House Rule XIII, Clause S(a)(S), which authorize the Committee to investigate any alleged violation by a Member, officer, or employee of the House of Representatives of the Code of Official Conduct or of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee and to submit to the House a privileged report recommending action by the House as a result of such an investigation.
This report: (1) summarizes the Committee's investigation of Representative Charles B. Rangel relating to Representative Rangel's violations of House Rules, the Code of Ethics for Government Service, New York city and state laws and regulations, federal laws and other applicable standards related to his solicitation of donations on behalf of the City College of New York for the Rangel Center for Public Service, his use of a rent-stabilized apartment for his campaign committees and his failure to file accurate Financial Disclosure Statements and federal tax returns in numerous years; (2) gives the evidence supporting the Committee's findings; and,
(3) explains the Committee's reasons for recommending to the House of Representatives that, pursuant to Article I, Section 5, Clause 2 of the United States Constitution and Committee Rule 24(e), that Representative Rangel be censured by the U.S. House of Representatives.
A. PROCEDURAL HISTORY
On November 16, 2010, the Adjudicatory Subcommittee found that the evidence presented by Committee counsel on behalf of the Investigative Subcommittee was sufficient to prove Counts I, II, IV, and VI-XIII of the Statement of Alleged Violation by clear and convincing evidence. On November 17, 2010, the Adjudicatory Subcommittee reported its findings to the Committee pursuant to Committee Rule 23(P). On November 18, 2010, the Committee on Standards of Official Conduct held a Sanction Hearing at which Committee counsel and Representative Rangel, pro se, made oral submissions regarding what sanction, if any, the Committee should recommend to the House. Following the hearing, the Committee met in executive session to deliberate on what, if any, sanction would be recommended to the House of Representatives, pursuant to Committee Rule 24(c). This Committee also adopted a resolution for submission to the House of Representatives and adopted a report to accompany that resolution.
B. FINDINGS OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT
AND REASONS FOR THE RECOMMENDED SANCTION
The Committee on Standards of Official Conduct adopts as its findings in this matter the report of the Adjudicatory Subcommittee, attached.
Although prior Committee precedent for recommendation of censure involved many cases of direct financial gain, this Committee's recommendation for censure is based on the cumulative nature of the violations and not any direct personal financial gain.
After considering the Adjudicatory Subcommittee report and the oral submissions of Committee counsel and Representative Rangel at the Sanction Healing, the Committee concluded that the eleven violations committed by Representative Rangel on a continuous and prolonged basis were more serious in character, meriting a strong Congressional response rebuking his behavior. In addition to censure, the Committee recommends Representative Rangel pay restitution to the appropriate taxing authorities or the U.S. Treasury for any unpaid estimated taxes outlined in Exhibit 066 on income received from his property in the Dominican Republic and provide proof of payment to the Committee. A majority of the Committee agreed to recommend that the House of Representatives adopt a resolution in the following form:
HOUSE RESOLUTION
Resolved, That (I) Representative Charles B. Rangel of New York be censured; (2) Representative Charles B. Rangel forthwith present himself in the well of the House for the pronouncement of censure; (3) Representative Charles B. Rangel be censured with the public reading of this resolution by the Speaker; and (4) Representative Rangel pay restitution to the appropriate taxing authorities or the U.S. Treasury for any unpaid estimated taxes outlined in Exhibit 066 on income received from his property in the Dominican Republic and provide proof of payment to the Committee.
Statement Pursuant to House Rule XIII, Clause 3(C)(1): No oversight findings are considered pertinent.
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