The state Senate voted 33-2 on Thursday to expel Sen. David Jaye, making him the first senator in the Michigan Legislature’s 164-year history to be ousted by his co-workers.
The “No” votes were cast by Jaye and Sen. Don Koivisto, D-Ironwood, who served on the six-member bipartisan committee that investigated Jaye for three weeks before recommending his expulsion. It took the full Senate less than three hours to come to its decision, which was reached at about 4:30 p.m.
Koivisto said while he doesn’t approve of Jaye’s conduct, he wasn’t convinced beyond a shadow of a doubt the accusations against the Senate maverick were true.
“When these allegations are made, there has to be some proof it happened. You can’t just make up a charge,” Koivisto said.
The Senate based is expulsion discussion on allegations the Washington Township Republican hit his fiancée and verbally abused Senate staff members - both found to be true by the special committee - combined with his record of three drunken driving convictions and the appearance of topless photos of his fiancée on his Senate-owned laptop.
“A male who not only hits but denies hitting a woman despite eye witnesses is wrong,” said Sen. Joanne Emmons, R-Big Rapids. “Being a senator doesn’t make you immune to the consequences of your behavior.”
It seems Jaye left the Senate without a friend left.
“You’ve pressed my friendship, you’ve pressed my peership and I can no longer defend you,” said Sen. Arthur Miller Jr., D-Warren, whose district neighbors Jaye’s. “This is an embarrassment to the hardworking people of Macomb County and I can’t defend those kind of actions.”
Jaye has characterized his expulsion as “a personal setback” but also a “moral victory,” because he refused to give in to pressure to resign. Senate leaders worked much of the afternoon trying to cut a resignation deal with Jaye.
“I have never sold out,” Jaye said. “This was like David versus Goliath and David won again.”
Jaye has said in the past he would sue the Senate if expelled, though he wouldn’t commit to the lawsuit after the super majority vote expelled him.
“I’m going bankrupt over here,” Jaye said. “I’ve had to borrow money from my 71-year-old father and my brother, who can’t even afford to put brakes on his car.”
Sen. John Cherry Jr., D-Clio., said discussions between Senate leaders and Jaye’s attorneys were “still fluid” at about 1 p.m., though he wouldn’t comment of the specifics of those discussions.
Dianne Byrum, D-Onondaga, said she did not make her decision on Jaye’s expulsion until meeting with her party’s caucus meeting Thursday afternoon.
“It was the hardest decision I have ever had to make as a legislator,” said Byrum, whose district includes MSU. “But David forced the issue. I would have much rather he resigned.”
Jaye, who was elected to the Senate in a 1997 special election also wouldn’t rule out the possibility of running again for his district’s Senate seat in 2002. If re-elected, the Senate would not be able to expel him a second time on the same charges.
“Look,” he said. “I’m not making any decisions right now. I haven’t had a good night’s sleep in weeks.”
Matt Treadwell can be reached at treadwe7@msu.edu.
