Pischke and Frye-Mueller try to have Schoenbeck investigated– and fail

MARCH 7, 2023:

(South Dakota Broadcasters Association)- Amongst the flurry of bills yesterday (March 6, 2023) was an attempt by Republican Senators Julie-Frye-Mueller and Tom Pischke to turn the tables on Republican President Pro Tem Lee Schoenbeck. The episode took two minutes, interspersed between bills.

The two Senators moved “for the establishment of a Select Committee on Discipline and Expulsion (Rule 58-1) to investigate the conduct of Sen. Schoenbeck regarding disparaging comments made in both Senate Committees and on the Senate floor.”

Schoenbeck has criticized Frye-Mueller and some conservative Legislators as “wackadoodles.” As President Pro Tem, Sen. Schoenbeck has considerable power over the members and their committee assignments.

Senate President, Republican Lt. Gov. Larry Rhoden, asked if there was a second. Silence. He asked again. Silence. Rhoden then said the motion died for lack of a second, and the Senate moved on to other business.

In January, when a Legislative Research Council staffer complained about a conversation she had with Frye-Mueller and with Frye-Mueller’s husband, lobbyist Mike Mueller, Schoenbeck hit hard and fast. He recommended suspending Frye-Mueller and stripped her of her committee assignments. Twenty-seven Senators agreed and voted to suspend her pending an investigation.

The following week, a Senate select committee had hearings on what happened in the female LRC staffer’s office with Frye-Mueller and her husband. The committee recommended the censure of Frye-Mueller and that she not have contact with LRC or legislative staff except through the director of the LRC. The Senate also reinstated her, but she remained a legislator with no committee assignments.

Frye-Mueller’s and Pischke’s other attempts to stop or punish Schoenbeck have also failed.

Almost two weeks ago, Senators Frye-Mueller and Pischke filed a criminal complaint in Hughes County against Schoenbeck and the other 26 Senators who voted to suspend her. Prosecutors refused to take the case.

Then yesterday, this latest attempt to investigate Schoenbeck ended with no support for the two Senators.

FEBRUARY 9, 2023:

(SOUTH DAKOTA BROADCASTERS ASSOCIATION)– Censured Republican Sen. Julie Frye-Mueller from Rapid City will likely remain committee-less this legislative session.

Late last month (Jan. 2023), Republican Senate President Pro Tem Lee Schoenbeck of Watertown stripped her of her committee appointments following a harassment complaint filed against her by a female Legislative Research Council staffer. The conversation included comments about breastfeeding and that the new mother should not inoculate her baby.

Frye-Mueller was suspended from the Senate for a week until a special committee heard the matter last week. The committee, then the Senate, voted to reinstate Frye-Mueller but censured her and limited her access to legislative staff.

Schoenbeck said things in the Capitol are working well without her serving on committees. “Our committees are fully filled and operating well. There is no reason to change the arrangement.”

As the President Pro Tem, Sen. Schoenbeck is ultimately responsible for committee assignments.

Frye-Mueller can still vote on the floor and introduce bills.

Several attempts by SDBA News to contact Sen. Frye-Mueller today (Feb. 9, 2023) through email and text have yet to be returned.

FEBRUARY 3, 2023:

(SOUTH DAKOTA BROADCASTERS ASSOCIATION)– Sen. Julie Frye-Mueller (R-Rapid City) voluntarily dismissed her lawsuit against President Pro Tem Lee Schoenbeck (R-Watertown) yesterday (Feb. 2, 2023)

Wednesday, the Senate voted 66 to 1 to reinstate Sen. Frye-Mueller but also censured her and restrict her access to Legislative Research Council staff, interns, and pages. Her suspension last week arose from a conversation about breastfeeding and vaccinations with an LRC staffer who is a new mother. The staffer filed a complaint last week, and Republican Senate leadership immediately suspended Frye-Mueller pending hearings by the Senate Select Committee on Discipline and Expulsion.

In the lawsuit in Federal District Court in Pierre, Frye-Mueller alleged that her First Amendment and Due Process rights were violated and the rights of her District 30 constituents were violated by the suspension.

FEBRUARY 1, 2023, UPDATE:

(SOUTH DAKOTA BROADCASTERS ASSOCIATION)– The South Dakota Senate this afternoon (Feb. 1, 2023) voted 33 to 1 to censure and reinstate Republican Sen. Julie Frye-Mueller.

Frye-Mueller, who represents Rapid City, is also restricted in working with Legislative Research Council staff and legislative interns and pages for the remainder of the session. To access LRC services, she’ll need to contact the director of the LRC or their designate.

The actions came about after an LRC employee, a new mother, said that she had a concerning conversation with Frye-Mueller and her husband Mike, a lobbyist, last week in the LRC offices. The employee said Frye-Mueller engaged in an inappropriate conversation about breastfeeding and vaccinating her baby.

In adopting the report to discipline the Senator, Sen. David Wheeler of Watertown said the body needed to take these steps to protect the employee, the LRC and the body’s integrity. “Your conduct must be beyond reproach,” Wheeler said in how Senators must treat LRC staff. “When we cross the line, there must be accountability.”

Republican Sen. Tom Pischke of Dell Rapids, the only member to vote against censure, said he did not think Frye-Mueller received appropriate due process. He also said there is more to find out about the matter. “I’d make this speech for anyone of you,” Sen. Pischke said. I don’t agree she (Frye-Mueller) engaged in harassment. It is not about party lines or ideology, but about this chamber.

Following the vote, Lt. Gov. Larry Rhoden, President of the Senate, asked the Sergeant at Arms to contact Frye-Mueller so that she could return to the body.

As of this afternoon, there is still a pending federal lawsuit arising from the incident against Republican Sen. Lee Schoenbeck, President Pro Tem of the Senate in his official role, filed by Frye-Mueller.

FEBRUARY 1, 2023:

(SOUTH DAKOTA BROADCASTERS ASSOCIATION)– A special Senate committee this afternoon (Feb. 1, 2023) recommended a report that censures Republican Senator Julie Frye for a conversation on breastfeeding and vaccinations she had with a state employee. The report also reinstates Frye-Mueller but restricts her contact with Legislative Research Council staff and legislative interns and pages.

There was no committee discussion about the motion to pass the censure report. The vote to approve the report was unanimous–9 to 0.

The Senate is expected to consider the report at 2 p.m. (CT) today (Wednesday).

A vote of censure requires a 3/5th majority or 21 votes to pass the Senate.

The committee had a four-hour hearing last night but conducted their business today in about four minutes.

JANUARY 31, 2023, UPDATE:

(SOUTH DAKOTA BROADCASTERS ASSOCIATION)– The special state senate committee looking into an incident by Senator Julie Frye-Mueller with a state employee recommends the Rapid City Republican be censured and reinstated.

The Senate Select Committee on Discipline and Expulsion met for nearly four hours yesterday evening (Jan. 31, 2023).

In addition to censure and reinstatement, Frye-Mueller would be banned from working with the Legislative Research Council.

The state employee works for the LRC and assists legislators in drafting bills and resolutions.

The committee voted to have LRC staff draft the recommendation, which the select committee is scheduled to consider today (Wednesday) at noon.

Committee chair, Senator David Wheeler from Watertown, said that if the committee adopts the draft, it would be on the floor of the Senate that same afternoon (Wednesday).

The LRC staffer filed a complaint with the LRC that Frye-Mueller made comments of a sexual nature about breastfeeding and pleaded with the employee not to vaccinate her baby. Frye Mueller’s husband, Mike, was also present at the meeting last week in the LRC offices. He is an unpaid lobbyist for Citizens for Liberty.

The committee took the testimony of the LRC staffer in executive session.

In sometimes emotional testimony, Frye-Mueller said she had no intent to embarrass or harass the LRC staffer. She also thought the two of them were friends.

Frye-Mueller also said the state employee is the one who brought up breastfeeding, saying that she was unable to do so for her infant. Mr. Mueller said it would be out of character for his wife to discuss a sexual matter, i.e., breastfeeding.

As it is a personnel matter, the committee is not releasing the name of the LRC employee.

Former Speaker of the House Steven Haugaard, a Sioux Falls attorney, represented Sen. Frye-Mueller and Mr. Mueller. Much of his argument was based on the legislature lacking the constitutional or statutory authority to suspend Sen. Frye-Mueller. He also said there were additional witnesses he wished to call and needed more time to prepare his client’s case.

During the hearing, Haugaard and committee chair Sen. Wheeler clashed. Haugaard commented on a legal point being clear to anyone who had ever watched a TV show about courts. Wheeler warned Haugaard, saying that Haugaard knew he was a practicing attorney and was offended by the comment,

Sen. Frye-Mueller often referred to her Senate colleagues as “you guys” and said there was a political agenda to “get” her.

JANUARY 31, 2023:

(SOUTH DAKOTA BROADCASTERS ASSOCIATION)–A federal judge today (Jan. 31, 2023) denies Republican Sen. Julie Frye-Mueller’s motion to pause the pending disciplinary proceedings against her.

Judge Roberto Lange ruled that the relief she was actually asking for was a restraining order without notice to Senate President Pro Tem Lee Schoenbeck.

Lange said, “Schoenbeck’s whereabouts at this time of year are well-known; he is here in Pierre serving in the state senate as president pro team. This Court wants to hear from both sides before issuing a substantive order and thus prefers transforming this injunction request from an ex parte request for a temporary restraining order to a preliminary injunction hearing.”

Lange said there was no indication that Frye-Mueller’s attorney, former Rep. Steven Haugaard, had attempted to notify Schoenbeck that Frye-Mueller was seeking judicial relief.

Judge Lange ordered Haugaard to email a copy of the pleadings to Schoenbeck and for them to schedule a hearing on the preliminary injunction on Feb. 7 or Feb. 10.

JANUARY 30, 2023, UPDATE:

(SOUTH DAKOTA BROADCASTERS ASSOCIATION)– The South Dakota Legislative Research Council has released (Jan. 30, 2023) a redacted copy of the complaint an LRC employee filed against Republican Sen. Julie Frye-Mueller of Rapid City.

In the letter, the woman employee noted what started as a meeting to discuss pending legislation with Frye-Mueller and her husband, Mike Mueller, a lobbyist, turned into a tearful lecture that the staffer should not vaccinate her baby.

It also says Frye-Mueller asked the state employee if she was breastfeeding. The LRC staff said no, she couldn’t. According to the woman’s complaint, Frye-Mueller said that perhaps the staffer’s husband could “suck on my (the employee’s) breasts.” Additionally, the woman says Frye-Mueller said, “a good time for that is at night.” The complaint notes that Frye-Mueller then rubbed her chest, and her husband Mike “smiled and nodded.”

Further, the complaint says Frye-Mueller became tearful and warned the woman that “you can’t vaccinate your child anymore.”

The conversation occurred on the afternoon of Jan. 24, 2023, in the LRC offices.

The Senate Select Committee on Discipline and Expulsion is scheduled to meet Tuesday (Jan. 31, 2023) at 5 p.m. in Room 412 in the Capitol.

JANUARY 30, 2023:

(SOUTH DAKOTA BROADCASTERS ASSOCIATION)– Suspended Republican state Sen. Julie Frye-Mueller of Rapid City has filed a lawsuit today (Jan. 30, 2023) in Federal District Court in Pierre to reinstate her and prevent any further action against her pending Senate proceedings against her. Former Republican Rep. Steven Haugaard from Sioux Falls represents Frye-Mueller. The suit names Sen. Lee Schoenbeck, President Pro Tem of the Senate from Watertown, in his official capacity.

Republican Sen. Tom Pischke from Dell Rapids announced that Frye-Mueller filed the lawsuit during an attempt to have the Senate reinstate her and pause the investigation.

Sen. Frye-Mueller says she was given no notice about her suspension, and the move has disenfranchised the voters in District 30. Her district is much of Rapid City and the surrounding area.

In the request for expedited proceedings, Haugaard says the Senate action violates her free speech rights. He also alleges that the Senate’s action violated her due process rights.

The suspension occurred last week (Jan. 26, 2023) after a Legislative Research Council member filed a complaint about her conversation with Frye-Mueller.

Also, today, the Senate passed an amendment to its rules to handle personal matters. Sen. Schoenbeck said that was similar “to what any South Dakota employer might do” in the same situation.

As of 3:30 p.m. (CT), the federal online access portal called PACER did not indicate that Sen. Schoenbeck or anyone else with the State of South Dakota had been served yet. There also were no orders yet from Judge Roberto A. Lange regarding the case.

JANUARY 28, 2023:

PIERRE, S.D. (AP) — South Dakota’s Senate Republican leader says that a committee will investigate a suspended senator for allegedly harassing a legislative aide during an exchange over childhood vaccines and breastfeeding. Sen. Casey Crabtree, the Senate GOP leader, had declined to provide details of the allegations against fellow Republican Sen. Julie Frye-Mueller on Thursday (Jan. 26, 2023). The Senate voted to suspend her legislative powers. Crabtree says in a statement that Senate Republicans this week had received a “detailed report” from a staff member of the Legislative Research Council accusing Frye-Mueller of “inappropriate behavior and harassment related to private maternal matters, including childhood vaccines and breastfeeding.”

Extended version:

PIERRE, S.D. (AP) — South Dakota’s Senate Republican leader said Friday (Jan. 27, 2023) that a committee will investigate a suspended senator for allegedly harassing a legislative aide during an exchange over childhood vaccines and breastfeeding.

Sen. Casey Crabtree, the Senate GOP leader, had declined to provide details of the allegations against fellow Republican Sen. Julie Frye-Mueller on Thursday when the Senate voted to suspend her legislative powers. Crabtree said in a statement on Friday afternoon that Senate Republicans this week had received a “detailed report” from a staff member of the Legislative Research Council accusing Frye-Mueller of “inappropriate behavior and harassment related to private maternal matters, including childhood vaccines and breastfeeding.”

Republican legislative leaders had previously refused to release any details on the allegations. Frye-Mueller had told reporters Thursday that she had shared her views on vaccinations with the aide, but Crabtree said her public statements did not match with what she told Senate Republican leaders in a private discussion or what the legislative aide reported.

A Select Committee on Discipline and Expulsion will be formed to investigate the allegations and is expected to complete its work next week, Crabtree said. The committee, which will be chaired by Republican Sen. David Wheeler, is expected to deliver a recommendation to the Senate.

During Thursday’s Senate hearing that led to her suspension, Frye-Mueller said the action deprived her of due process. Lt. Gov. Larry Rhoden, who presides over the Senate, also cautioned against punishing a senator without first conducting an investigation.

Crabtree, in his statement, pushed back on those objections: “Our goal is to create a safe work environment for staff and legislators, and an environment where employees feel safe bringing concerns forward. All allegations of harassment must be taken seriously. There will be due process afforded to all parties as this matter moves forward,” he said.

Crabtree said the investigative committee’s meetings would be open to the public, except when they delve into issues that are private by state law, and that the committee’s final report would be a public record.

The committee will be made up of seven Republicans and two Democrats.

Frye-Mueller is a part of a right-wing group of lawmakers and has proposed legislation removing school requirements for childhood vaccines.

Vaccines have been championed as public health success stories, but rates among kindergarteners have dropped nationwide in recent years. Officials with the Centers for Disease Control and Prevention said that’s due to decreased confidence in vaccines and disruptions to routine health care during the pandemic are the.

Falling vaccination rates open the door to outbreaks of diseases once thought to be in the rearview mirror, experts say.

JANUARY 27, 2023:

The South Dakota Senate took the unusual step of not just voting to investigate a legislator but suspending them during the investigation.

Senators voted 27 to 6 yesterday (Jan. 26, 2023)) to suspend and investigate Republican Sen. Julie Frye-Mueller, a business owner from Rapid City.

Frye-Mueller denies it was about COVID-19, as some media outlets have reported.

On the floor of the Senate, during consideration of the suspension and investigation, Frye-Miller said she did not know what she was accused of.

However, she said that the Republican Senate caucus, which meets before the start of the Senate session, did see the evidence.

To take the extraordinary action, the Senate had to vote to suspend the rules, which takes a two-thirds majority.

Republican Lt. Gov. Larry Rhoden, President of the Senate, was skeptical about the proposed process.

Senate President Pro Tem, Republican Sen. Lee Schoenbeck of Watertown, replied.

Republican Sen. Tom Pischke of Dell Rapids spoke in support of his seatmate and friend, Sen. Frye-Mueller.

After the vote, Sen. Frye-Mueller left the chamber and was not in the Senate when it adjourned.

The apparent next step is appointing a special committee to investigate Sen. Frye-Mueller.

JANUARY 26, 2023:

PIERRE, S.D. (AP) — A South Dakota Republican state senator who was stripped of her committee assignments said Thursday (Jan. 26, 2023) that her legislative punishment followed an exchange she had with a legislative aide about vaccinations.

Sen. Julie Frye-Mueller, a Republican, told reporters that she had spoken to a member of the Legislature’s research staff this week about her views on vaccinations. The senator, who is part of a right-wing group of Statehouse Republicans, has opposed vaccination requirements in schools.

The Republican-controlled Legislature in recent years has seen separate proposals to limit requirements for both the COVID-19 vaccine and childhood vaccines. Frye-Mueller said she did not bring up the COVID-19 vaccine during her exchange with the aide.

Childhood vaccines have long been celebrated as public health success stories, but vaccination rates among kindergarteners have dropped nationwide in recent years. Officials with the Centers for Disease Control and Prevention have said that decreased confidence in vaccines is a likely contributor, as well as disruptions to routine health care during the pandemic.

Falling vaccination rates open the door to outbreaks of diseases once thought to be in the rearview mirror, experts say.

Republican Sen. Lee Schoenbeck, who presides over the Senate and made the decision to remove Frye-Mueller from two committee assignments Wednesday, has repeatedly declined to comment on the move.

The Senate Republican leader, Sen. Casey Crabtree, said Thursday the episode involved a personnel issue and more information would be released in the future.

JANUARY 25, 2023:

PIERRE, S.D. (AP) — A Republican South Dakota state senator had her committee assignments stripped Wednesday (Jan. 26, 2023) in a rare punishment in the Legislature.

The move to strip Sen. Julie Frye-Mueller of her seats on two legislative committees was announced during the Senate’s session on Wednesday, but legislative leaders in the Republican-controlled chamber refused to comment on what led to the move. Frye-Mueller, who is aligned with a group of contrarian, right-wing Statehouse Republicans, has had the occasional run-ins with legislative leadership during her four terms between the House and Senate.

Both Republican Sens. Lee Schoenbeck, the chamber’s pro tempore, and Casey Crabtree, the Republican leader, declined to comment on why Frye-Mueller was stripped of her committee assignments. Frye-Mueller also declined to comment.

Republican leaders did not make it clear whether the punishment was temporary or permanent.

Pischke and Frye-Mueller try to have Schoenbeck investigated– and fail

Extended version:

Comments

Leave a Reply Cancel reply

Current Weather