WHEREAS,
by letter dated January 10, 2007, John C. Atkins, Representative of the 41st
District, requested the Ethics Committee of the House of Representatives
(hereinafter referred to as “Committee”) to conduct an investigation into
aspects of his conduct; and
WHEREAS,
the Committee, pursuant to its Rules, determined that the matter merited
further inquiry and directed staff to perform a preliminary inquiry; and
WHEREAS,
upon completion of the preliminary inquiry a report was presented to the
Committee on February 22, 2007; and
WHEREAS,
based upon the report of the Committee staff on the preliminary inquiry, the
Committee found that there was reason to believe that a violation of Rule
16(a)(11)(i) of the Permanent Rules of the House of Representatives occurred in
which Representative Atkins brought the House into disrepute; and
WHEREAS,
the Committee directed staff to transmit a Statement of Alleged Violation to
Representative John C. Atkins; and
WHEREAS,
Representatives John C. Atkins has advised the House of Representatives, in
writing, that he does not wish to contest the Statement of Alleged Violation;
and
WHEREAS,
in light of the fact Representative Atkins is not contesting the Statement of
Alleged Violation the Committee finds that Count 1 of the Statement of Alleged
Violation has been proved; and
WHEREAS,
the Committee has recommended that John C. Atkins be censured by the House of
Representatives and that sanctions be imposed against him; and
WHEREAS,
Representative John C. Atkins accepts the recommended censure and sanctions
imposed by the Committee and accepts the discipline imposed.
NOW, THEREFORE:
BE
IT RESOLVED by the House of Representatives of the 144th General
Assembly of the State of Delaware
that Representative John C. Atkins is censured by his colleagues in the
Delaware House of Representatives for his conduct occurring on October 29, 2006
and thereafter, which conduct brought the House of Representatives into disrepute
and thereby constitutes a violation of Rule 16(a)(11)(i) of the Permanent Rules
of the House of Representatives of the 144th General Assembly.
BE
IT FURTHER RESOLVED, that the following
sanctions be imposed against Representative John C. Atkins:
1.
That Representative John C. Atkins forego use of his
legislative identification card and license plate for the remainder of the 144th
General Assembly and that he forthwith surrender the card and license plate to
the Speaker of the House;
2.
That Representative John C. Atkins be removed from any
committee chairmanships in the House of Representatives for the remainder of
the 144th General Assembly;
3.
That Representative John C. Atkins pay a fine in the
amount of $550 which shall be in the form of a contribution to Delaware YELL/SADD
(Youth to Eliminate Loss of Life/Students Against Destructive Decisions);
4.
That Representative John C. Atkins successfully
complete the course of counseling pursuant to the Order of the Family Court and
advise the Committee when he has successfully completed the counseling; and
5.
That in connection with the court-ordered counseling, Representative
John C. Atkins shall receive an alcohol evaluation and shall comply with any
recommendations based on the evaluation.
He shall also advise the Committee when he has received the alcohol evaluation
and has completed the recommendations, if any, of said evaluation.
BE IT FURTHER
RESOLVED, that the Committee meet in January 2008 to review this matter so as
to ascertain that Representative John C. Atkins has complied with the sanctions
imposed herein.
