PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
House Order, Establishing the House Special Investigative Committee
WHEREAS, the Constitution of Maine, Article IX, Section 5 provides that every person holding any civil office under this State may be removed by impeachment for misdemeanor in office; and
WHEREAS,  the Constitution of Maine, Article IV, Part First, Section 8 vests in the House of Representatives the sole power of impeachment; and
WHEREAS,  grave and serious allegations have been raised regarding the conduct of Governor Paul R. LePage; now, therefore, be it
ORDERED, that the House Special Investigative Committee is established to investigate allegations of misfeasance, malfeasance, nonfeasance and other misconduct by Governor Paul R. LePage and to make a recommendation to the full House of Representatives as to whether cause exists for impeachment. The committee shall conduct a comprehensive review of allegations of misconduct by Governor LePage, including but not limited to the:
1. Refusal, beginning in 2012, to facilitate the issuance of land conservation bonds that were ratified by the voters of the State in statewide elections held in November 2010 and November 2012 and repeated insistence on extracting compliance by the Legislature on unrelated issues prior to the Governor's carrying out the will of the people of the State regarding issuance of the bonds;
2. Alleged use of state assets as leverage to bring about the resignation in 2013 of the President of the World Acadian Congress, Jason Parent;
3. Exertion of pressure, in March 2013, on hearing officers in the Department of Labor, Bureau of Unemployment Compensation to favor employers in their decision making;
4. Refusal, beginning in May 2013, to allow cabinet members and members of the administration to appear and testify before legislative committees;
5. Alleged use of state assets as leverage to bring about the resignation in January 2015 of the President of the Maine Community College System, John Fitzsimmons;
6. Request, in February 2015, that the Maine Human Rights Commission postpone a proceeding against a particular business pending before the commission and threatening to withhold state assets when the commission declined to postpone the proceeding;
7. Creation, in April 2015, without public notice in violation of Maine's Freedom of Access Act, of a panel to conduct a review of the Maine Human Rights Commission; and
8. Alleged use of state assets as leverage to intimidate the Board of Directors of Good Will-Hinckley in June 2015 into terminating its employment of Mark W. Eves, the Speaker of the House of Representatives; and be it further
ORDERED, that the House Special Investigative Committee consists of 13 members appointed by the Speaker of the House of Representatives or the Speaker's designee, 6 of whom are appointed by the Speaker of the House of Representatives upon the recommendation of the House Minority Leader, and that the first-named member is the chair of the committee; and be it further
ORDERED, that the House Special Investigative Committee:
1. Shall adopt rules to govern the proceedings before it in order to ensure due process, fundamental fairness and a thorough investigation;
2. May administer oaths and compel the attendance and testimony of persons and the production of papers, documents and other evidence under oath, by subpoena, when the testimony, documents or evidence is necessary for or incident to any inquiry relevant to the business or purposes of the committee and punish any person for the neglect, refusal to appear or failure to produce papers or documents or provide evidence commanded by subpoena or who, upon appearance, either with or without subpoena, refuses to be sworn or testify or produce papers, documents or evidence demanded;
3. May hire special counsel and such other personnel as may be necessary to carry out the committee's responsibilities; and
4. Following its review and investigation of the facts and circumstances relating to the alleged misconduct of Governor Paul R. LePage, shall submit to the House of Representatives no later than April 1, 2016 its findings and recommendations in the form of a final report, including, if the committee concludes such action is warranted, articles of impeachment describing the misdemeanors in office with which Governor Paul R. LePage is charged. The committee may request from the Speaker of the House of Representatives or the Speaker's designee extensions of time to complete its work.