Courser-Gamrat scandal: Taxpayer resources misused

LANSING — The Business Office for the House of Representatives has found both misconduct and misuse of taxpayer resources by state Reps. Todd Courser and Cindy Gamrat, two lawmakers caught up in a sex scandal and clumsy attempt at a coverup.

House Business Office director Tim Bowlin said he's turned over the report to an outside counsel for an independent review.

"Asking an outside counsel to review the report is a normal process to protect the privacy and confidentiality of affected individuals and ensure compliance with Human Resources regulations. The findings will be made public once the legal review has been completed," Bowlin said in a statement.

Speaker of the House Kevin Cotter, R-Mt. Pleasant, who received a copy of the report Monday morning, said: "there is troubling evidence of misconduct. I am directing my legal counsel to review the preliminary findings for the purposes of any further disciplinary actions."

Contents of the report aren't expected to be released for a few days.

Gamrat said in a statement released late Monday that she hasn't seen the report yet and is still considering her options.

"This job is a privilege and a duty and I owe it to the people in my life and in the 80th house district to review the report and study my options. I will talk it over with my family before making any decisions on what steps might be next," she said. "As of this time, I have not ruled out any options and I am still listening carefully to input from the people of the 80th district because they are, after all, who I serve in this position."

Courser didn't return phone calls from the Free Press for comment. And while he usually takes to social media to respond to allegations, he has stayed off Facebook since Friday.

Courser, R-Lapeer, and Gamrat, R-Plainwell, are being investigated after an audio recording surfaced revealing that Courser said he sent an anonymous false e-mail around Lansing accuring himself of paying for gay sex to make it seem like he was the victim of a smear campaign and make the long-rumored affair between the two lawmakers pale by comparison. Both Courser and Gamrat, two of the most conservative members of the Legislature, are married with children.

Courser has since said that he was being blackmailed by an unknown person who wanted him to resign or risk the public release of evidence of the affair between Courser and Gamrat. In an audio e-mail widely distributed and posted on his Facebook page, Courser blamed his former staffers, Ben Graham, Josh Cline and Keith Allard, for colluding with the Lansing "mafia" establishment to bring him down.

The affair and e-mail were revealed earlier this month in an audio tape made public by Graham, who — along with Allard — was fired by Courser in July. Cline quit the office in April, saying the relationship between the two lawmakers had become so uncomfortable to witness that it became akin to a hostile work environment.

Peter Henning, a Wayne State University law professor, said the two could be charged with a felony common law charge of misconduct in office that carries a penalty of up to five years in prison.

"It doesn't happen very often, but it does get charged," he said. "If you violate the requirements of your office, you can be charged in the state and it can rise to a felony. It could give a prosecutor quite a bit of leverage."

If suspected illegal activity is found, the Business office could refer the matter to law enforcement or another state agency, such as the Attorney General's Office, for further action. The office examined computer servers, electronic and paper documents and interviewed current and former staffers, as well as Courser and Gamrat.

The House of Representatives also approved a resolution last week, creating a special Select Committee to look into the controversy, taking the first step toward a possible expulsion, reprimand, censure or nothing at all against the two lawmakers. An expulsion vote would need two-thirds support from the 110-member House.

The standards are much lower for the Legislature to expel one of their own members, Henning said.

"They determine their own qualifications for office and the courts stay out of it," Henning said.

Cotter acknowledged last week that any potential action taken against the lawmakers will be a subjective determination by individual members of the House.

"Disciplinary options that exist are very subjective. Look at the constitution. There's a single sentence that says the body can police itself. There is no standard that must be met to result in any disciplinary action," he said. "Some may decide that criminal behavior is needed to go to explusion. Some may say that inappropriate uses of state resources is enough. Others may say that the irrepairable harm that has been caused to this body exists and will only improve if disciplinary matters are pursued."

The report has been turned over to the Dickinson Wright law firm to review.

Contact Kathleen Gray: 517-372-8661, kgray99@freepress.com or on Twitter @michpoligal.