For five days straight, the Wyoming media has published story after story about the check controversy in the House of Representatives. In a few cases, they have posted multiple articles a day. From seemingly every angle they appear to have covered every detail. Every detail except, perhaps, the only one that matters. In the media’s zeal to destroy a conservative fundraiser, activist and media company owner, the media failed to look at the simplest facts of the case.
The Joint House and Senate Rules of the Wyoming Legislature has a very specific procedure of how ethics complaints are to be addressed. And the Joint Rules even provide the reason why legislators are to follow the strict guidelines on page 25:
“An ethics investigation instituted for the purposes of advancing political interests, not connected with intended legislation or any matters upon which a house should act, or instituted merely to subject a member of the House or Senate to public animadversion, is not a proper legislative proceeding;”
Webster’s 1828 Dictionary defines ‘animadversion’ as “Remarks by way of censure or criticism; reproof; blame. It may sometimes be used for punishment, or punishment may be implied in the word, but this is not common.”
In other words, if an investigation can be shown to be purely for political purposes it is not a valid act of the legislature.
There have been several formal ethics investigations in the Wyoming Legislature on a variety of complaints in recent years. One of the more well-known investigations was into Fmr. Rep Dan Zwonitzer. The Legislative Service Office and it’s director Matt Obrecht have handled dozens of ethics complaints in recent years and all of them, the ones that became public, were handled according to the procedure in the Joint Rules.
Rep Mike Yin and Rep Karlee Provenza are both currently on the Rules Committee. Rep Mike Yin has been on the Rules Committee since 2022. Both of them should be fully aware of the ethics procedure in the Joint Rules.
The ethics complaint procedure listed the Wyoming Legislature Joint Rules is:
“A complaint alleging legislative misconduct by a member of the House or Senate shall meet the following criteria: The complaint shall be in writing; based on unique personal knowledge; state detailed facts; specify the actions of the named member which form the basis for the complaint; Attach all documentation on which the complaint is based; and identify how the specific alleged violation constitutes legislative misconduct. The complaint shall be signed by the person alleging the legislative misconduct.”
No complaint has been documented or signed by either Mike Yin or Karlee Provenza concerning the check incident. The rules specifically say that the complaint is delivered to the presiding officer of either the House or the Senate.
Additionally, the rules point out that, “All records, findings and proceedings including the filing of the initial complaint shall be considered confidential information.” Rep Provenza and Rep Mike Yin did not follow the procedure listed in the rules and instead aired their allegation publicly on the House floor and on YouTube.
Instead of all documentation and evidence related to the check incident being delivered to Speaker of the House Chip Neiman it was clearly delivered to the media first—an obvious violation of Rep Darin McCann’s right to privacy in this matter.
The Open Range Record Interviewed Speaker of the House Chip Neiman this morning Feb 17, here is that interview:
ORR: Did Reps Mike Yin or Karlee Provenza approach you about their concerns of ethics violations of a another member of the Wyoming House of Representatives?
Speaker Neiman: "No."
ORR: Were you approached about an ethics complaint before a charge was leveled on the House Floor concerning a check given out on the House floor?
Speaker Neiman: "No Representatives approached me, no."
ORR: Was a signed complaint delivered to you before Wednesday Feb 11?
Speaker Neiman: "No, I have not seen a signed complaint from anyone."
ORR: Did you approach Majority Leader Scott Heiner and Minority Leader Mike Yin about an ethics complaint prior to Feb 11?
Speaker Neiman: "No, there was no documented ethics complaint to approach them with."
ORR: Was Rep Darin McCann notified in writing by Management Council that an ethics complaint had been filed against him?
Speaker Neiman: "Not to my knowledge. I’m on Management Council and I was never approached about any ethics complaint."
ORR: Did Director of the Legislative Service Office, Matt Obrecht approach you with a written motion to be delivered on the floor of the House of Representatives?
Speaker Neiman: "No, I have nothing from Director Obrecht concerning a motion that would be delivered on the floor."
Provenza and Yin’s unilateral decision to violate the rules created the media firestorm from the last four days. This is clearly, as mentioned in the rules, exactly what the rules were meant to prevent.
It’s clear from the interview with Speaker Neiman that he had no knowledge of the motion that Rep Provenza would bring to the House floor. At the time Provenza delivered the motion, Director of LSO Matt Obrecht could be seen in the House chamber conferring with Rep Provenza. In other words, Obrecht not only advised Provenza on the motion but worked on it without Speaker Neiman’s knowledge.
In an article published by the Cowboy State Daily, Provenza admitted to violating the Joint Rules of the Wyoming Legislature:
“I didn’t send it to leadership because I think this was such an egregious violation of the public’s trust, and I wasn’t sure I trusted leadership to handle it appropriately. And I think that was wise based on what we know now.”
There is no provision in the Joint Rules that allows for a Representative to unilaterally discard the rules that she voted to obey based on her feelings or her political intentions. In fact, that’s clearly why the rules procedure was written.
Nowhere in Wyoming Statute 28-8-105, the duties of the director and staff of the LSO, is there authority for the LSO to act as independent agency outside of legislative leadership. Speaker Neiman had no knowledge of Provenza’s improper motion, which was aided and clearly written by LSO staff.
Provenza’s motion clearly violates the Joint Rules of the Wyoming Legislature.