Articles of Impeachment

Report of Select Committees
Report of the House Managers in the matter of the impeachment of the Honorable Evan Mecham, Governor of the State of Arizona was as follows:

February 8, 1988

Pursuant to House Resolution 2002, we herewith submit the following Articles of Impeachment to the Honorable Governor Evan Mecham, Governor of the State of Arizona, for adoption and approval by the House of Representatives, Thirty-Eighth Legislature, Second Regular Session.

Respectfully Submitted,/s/ Heinz R. Hink, Chairman
/s/ Henry Evans
/s/ Benjamin Hanley
/s/ Chris Herstam
/s/ Jim Miller

Before the Senate of the State of Arizona Sitting as a Court of Impeachment

Articles of Impeachment

In the Matter of the Impeachment of:        
Evan Mecham,
Governor of the State of Arizona

The duly elected Board of Managers of the House of Representatives of the Thirty-Eighth Legislature of the State of Arizona, by the authority of the Arizona Constitution and House Resolution 2002, presents these Articles of Impeachment ot the Senate of the State of Arizona: Evan Mecham has served as Governor of the State of Arizona since January 5, 1987. To qualify as governor, he took and subscribed to the oath of office required by Arizona Revised Statutes (“A.R.S.”) Section 38-231, and thereby swore to support the Constitution of the United States and laws of the State of Arizona, and to faithfully and impartially discharge the duties of the Office of Governor. Evan Mecham, while acting in his official capacity, has violated the high duties imposed upon him by the Office of the Governor and by his solemn oath, and has committed high crimes, misdemeanors or malfeasance in office in the State of Arizona, as set forth in the following Articles:

ARTICLE I
(Obstruction of Justice)

 A. On or about November 15, 1987, Evan Mecham, while acting in his official capacity as Governor of the State of Arizona, knowingly attempted, by means of misrepresentation or intimidation, to obstruct, delay, or prevent the communication of information or testimony relating to a violation of a criminal statute to the Arizona Attorney General by ordering the Director of the Arizona Department of Public Safety, Colonel Raph Milstead, not to cooperate with the Attorney General’s investigation into allegations concerning a threat by Lee Watkins directed against Donna Carlson and/or by transferring Lieutenant Beau Johnson from the Governor’s security force, all in violation of A.R.S. Section 13-2409;

 B. On or about November 15, 1987, Evan Mecham, while acting in his official capacity as Governor of the State of Arizona, attempted to influence a witness by threatening Department of Public Safety Director Colonel Ralph Milstead with the intent to influence the testimony of Colonel Milstead, Officer Frank Martinez and/or Lieutenant Beau Johnson and/or by ordering the transfer of Lieutenant Johnson from the Governor’s security force and/or by ordering Colonel Milstead and his officers to refrain from giving information or to give false information to the Arizona Attorney General’s Office in the Attorney General’s investigation regarding a threat made by Lee Watkins directed against Donna Carlson, all in violation of A.R.S. Sections 13-2802 and 13-0001;

 C. On or about November 15, 1987, Evan Mecham, while acting in his official capacity as Governor of the State of Arizona, attempted to tamper with a witness by knowingly inducing Colonel Ralph Milstead, Officer Frank Martinez, and/or Lieutenant Beau Johnson, who were witnesses in an Attorney General’s investigation, or who Governor Mecham believed might be called as witnesses, to unlawfully withhold testimony or to testify falsely when he ordered Colonel Milstead, Officer Martinez, and/or Lieutenant Johnson not to cooperate with the Attorney General’s investigation, or to give false information to the Attorney General in connection with that investigation, all in violation of A.R.S. Sections 13-2804 and 13-1001;

D. On or about November 15, 1987, Evan Mecham, while acting in his official capacity as Governor of the State of Arizona, knowingly, and with the intent to hinder the apprehension, prosecution, conviction, or punishment of Lee Watkins, attempted to obstruct Colonel Ralph Milstead, Officer Frank Martinez and/or Lieutenant Beau Johnson by means of intimidation or deception, form cooperating with the Arizona Attorney General’s investigation of a threat made by Lee Watkins directed against Donna Carlson, all in violation of A.R.S. Sections 13-2512 and 13-1001;

E. On or about November 15, 1987, Evan Mecham, while acting in his official capacity as Governor of the State of Arizona, knowingly, and with the intent to promote or facilitate the commission of  a felony or misdemeanor, commanded, encouraged, requested or solicited Colonel Ralph Milstead to engage in specific conduct in violation of A.R.S. Sections 13-2804 and 13-2802 by ordering Colonel Ralph Milstead to prevent other Department of Public Safety Officers from testifying or cooperating in an investigation regarding a threat made by Lee Watkins directed against Donna Carlson, all in violation of A.R.S. Section 13-1002;

F. On or about November 15, 1987, Evan Mecham, while acting in his official capacity as Governor of the State of Arizona, engaged in a prohibited personnel practice under A.R.S. Section 38-522 by knowingly ordering the transfer or reassignment of Lieutenant Beau Johnson from Governor Mecham’s security detail as a reprisal against Lieutenant Johnson for disclosing information regarding an event that Lieutenant Johnson reasonably believed to be a violation of law or an abuse of authority;

G. By understanding each of the acts set forth in this Article, Evan Mecham disregarded and thereby violated the solemn oath of the Office of Governor that he too pursuant to A.R.S. Section 38-231; or

H. Each of the acts set forth in this Article was undertaken by Evan Mecham, without lawful authority and were positively wrong or unlawful, or constituted an abuse of official power, neglect of duty, corruption and/or obstruction of justice.

ARTICLE II
(False Sworn Statements Relating to Official Filings Made While in Office)

A. On or about April 1, 1987, Evan Mecham, while serving as Governor of the State of Arizona, signed and caused to be filed and amended statement of contributions and expenditures (the “Amended December 5 Statement of Contributions and Expenditures”), which related to an earlier statement of Contributions and Expenditures filed December 5, 1986 (the “December 5, 1986 Statement”). The December 5, 1986 Statement falsely stated the Evan Mecham contributed $465,000.00 to the Mecham for Governor Campaign, thereby concealing and failing to name Barry Wolfson as the lender of the sum of $350,000.00 to the Mecham for Governor Campaign and/or failing to list the individual promissory notes given in connection therewith. The Amended December 5 Statement of Contributions and Expenditures ratified, confirmed and contained a false sworn statement in regard to a material issue, which Evan Mecham believed to be false, all in violation of A.R.S. Sections 16-912, 16-915, 13-2702, and 13-2703;

B. On or about April 1, 1987, Evan Mecham, while serving as Governor of the State of Arizona, signed and caused to be filed with the Secretary of State’s office the Amended December 5 Statement of Contributions and Expenditures which related to the December 5, 1986 Statement. The December 5, 1986 Statement falsely identified Evan Mecham as a contributor of $465,000.00 to the Mecham for Governor Campaign, and thereby falsified, concealed, and /or covered up the material fact that Barry Wolfson loaned $350,000 to the Mecham for Governor Campaign and/or failed to list the individual promissory notes given in connection therewith. The Amended December Statement ratified, confirmed and failed to state facts relating to the December 5, 1986 Statement. In signing and causing to be filed the Amended December 5 Statement of Contributions and Expenditures, Evan Mecham concealed a material fact by trick, scheme or device or made or used a false writing or document knowing such writing or document contained a false or fraudulent statement or entry, all in violation of A.R.S. Section 13-2311;
 
C. On or about April 1, 1987, Evan Mecham, while serving as Governor of the State of Arizona, signed and caused to be filed the Amended December 5 Statement of Contributions and Expenditures, which he knew failed to disclose under the Financial Statement required there under, a $600,000.00 line of credit provided by Barry Wolfson and/or Hugh Gregan to the Mecham for Governor Campaign, and a $350,000.00 loan made by Barry Wolfson to the Mecham for Governor Campaign, all in violation of A.R.S. Section 16-912;

D. On or about April 1, 1987, Evan Mecham, while serving as Governor of the State of Arizona, signed and caused to be filed a Statement of Contributions and Expenditures (the “April 1 Statement of Contributions and Expenditures”), which falsely represented that Evan Mecham had been repaid the sum of $315,674.04 by the Mecham for Governor Campaign, and thereby concealed and failed to state that Barry Wolfson had been repaid the sum of $125,000.00 from the Mecham for Governor Campaign, and thereby made a false sworn statement in regard to a material issue that he believed to be false, all in violation of A.R.S. Sections 16-912, 16-915, 13-2701, 13-2702, and 13-2703;

E. On or about April 1, 1987, Evan Mecham, while serving as Governor of the State of Arizona, signed and caused to be filed with the Secretary of State’s Office the April 1 Statement of Contributions and Expenditures, which falsely listed a repayment to Evan Mecham of $315,674.04 from the Mecham for Governor Campaign, thereby falsifying, concealing and/or covering up the material fact that Barry Wolfson had been repaid the sum of $125,000.00 from the Mecham for Governor Campaign. In signing and causing to be filed the April 1, 1986 Statement of Contributions and Expenditures, Evan Mecham concealed a material fact by a trick, scheme or device or made or used a false writing or document contained a false or fraudulent statement or entry, all in violation of A.R.S. Section 13-2311;

F. On or about April 1, 1987, Evan Mecham. while serving as Governor of the State of Arizona, signed and caused to be filed the April 1 Statement of Contributions and Expenditures which he knew failed to fully disclose under the Financial Statement required thereunder, a $350,000.00 loan made by Barry Wolfson to the Mecham for Governor Campaign which is believed to have had a balance of $225,000.00 on April 1, 1987, all in violation of A.R.S. Section 16-912;

G. On or about October 25, 1986, Evan Mecham signed and caused to be filed a Statement of Contributions and Expenditures for the period from September 20, 1986 through October 15, 1986 in connection with the Mecham for Governor Campaign, which he knew failed to disclose a $600,000.00 line of credit provided by Barry Wolfson and/or Hugh Green to the Mecham of Governor Campaign and/or failed to list the individual promissory notes given in therewith, and thereby made a false sworn statement regarding a material issue that he believed to be false, all in violation of A.R.S. Sections 16-912, 16-915, 13-2701, 13-2702 and 13-2703, which false sworn statement Evan Mecham failed to correct while remaining as Governor of Arizona;

H. On or about February 2, 1987, and on or about February 6, 1987, Evan Mecham, while acting in his official capacity as Governor of the State of Arizona, made a false sworn statement in regard to a material issue, believing it to be false, by signing and causing to be filed a Financial Disclosure Statement for 1986 and an Amended Financial Disclosure Statement for 1986, both of which falsely represented that reportable “Personal Debts of OVer $1,000.00 owed by Evan Mecham included only those listed, when in fact Evan Mecham also personally owed money in 1986 in connection with a $350,000.00 loan to the Mecham for Governor Campaign, including but not limited to two $50,000.00 promissory notes signed by Evan Mecham payable to Barry Wolfson, all in violation of A.R.S. Sections 13-2701, 13-2702, 13-2703, 38-542, 38-543 and 38544;

I. On or about February 2, 1987, and on or about February 6, 1987, Evan Mecham while acting in his official capacity as Governor of Arizona, signed and caused to be filed with the Secretary of State a 1986 Financial Disclosure Statement and an Amended 1986 Financial Disclosure Statement, both of which falsely represented that report “Personal Debts Over $1,000.00 owed by Evan Mecham included only those listed, when in fact that he personally owed money in 1986 in connection with a $350,000.00 loan to the Mecham for Governor Campaign, including but not limited to two $50,000 promissory notes signed by Evan Mecham payable to Barry Wolfson, which conduct on the part of Evan Mecham was pursuant to a scheme or artifice to defraud or deceive, knowingly falsify, conceal or cover up a material fact by a scheme or device or a false, fictitious or fraudulent statement or entry, all in violation of A.R.S. Sections 13-2311, 38-542, 38-543, and 38-544;

J.  By undertaking each of the acts set forth in this Article, Evan Mecham disregarded and thereby violated the solemn oath of the Office of Governor that he took pursuant to A.R.S. Section 38-231; or

K.  Each of the acts set forth in this Article were undertaken by Evan Mecham without lawful authority and were positively wrong or unlawful, or constituted an abuse of official power, neglect of duty, corruption and/or betrayal of public trust.

ARTICLE III
(Misuse of Funds)

On or about May 27, 1987, the Mecham Inaugural Committee transferred the sum of $92, 910.35 to the Office of the Governor. On or about July 16, 1987, Evan Mecham, while acting in his official capacity as Governor of the State of Arizona, personally and knowingly directed and/or authorized James Colter, the Governor’s Chief of Staff, to make a loan of $80,000.00 out of funds held by the Office of the Governor pursuant to A.R.S. Section 41-1105, to Mecahm Pontiac Corporation, the stock of which was owned by Evan Mecham and his wife. The loan to Mecham Pontiac] Corporation was without lawful authority and was a knowing unauthorized use, for an unauthorized term, of property of another, which property had been entrusted to the Office of the Governor or placed in the possession of the Office of the Governor for a limited authorized use. When the loan was made, it was not made for the purpose of promoting the interests of the State pursuant to A.R.S. Section 41-1105, and furthermore was made in violation of A.R.S. Sections 13-1802 and 35-301;

B. The moneys loaned to Mecham Pontiac Corporation referred to in Article III(A) were obtained by the Office of the Governor pursuant to a settlement with the Maricopa County Attorney’s Office in which the Maricopa County Attorney agreed not to charge Evan Mecham’s Inaugural Committee with a violation of A.R.S. Section 16-905 if the moneys remaining in the Mecham Inaugural Committee account were transferred to the Office of the Governor to be held and expended pursuant to A.R.S. Section 41-1105 and/or the moneys were not public moneys, the moneys were obtained by Evan Mecham in violation of A.R.S. Sections 16-905, 13-2310 and 13-2311, and/or said loan was made in violation of A.R.S. Sections 16-905 and 13-1802

C. By undertaking each of the acts set forth in this Article, Evan Mecham disregarded and thereby violated the solemn oath of the Office of the Governor that he took pursuant to A.R.S. Section 38-231; orD. Each of the acts set forth in this Article were undertaken by Evan Mecham without lawful authority, and were positively wrong or unlawful, or constituted an abuse of official power, neglect of duty, corruption, obstruction of justice, betrayal of public trust, misapplication of funds and/or were in breach of his trust and fiduciary responsibilities.

*  *  *
As set forth in the foregoing Articles, Evan Mecham has committed high crimes, misdemeanors or malfeasance in office, and thus has acted in a manner contrary to public trust and his oath as Governor, and in violation of and contrary to the Constitution and laws of the State of Arizona, all to the great prejudice of the cause of law and justice, and to the manifest injury to the people of the state of Arizona.

Signed this 8th day of February, 1988, by the duly elected Board of Managers of the House of Representatives of the Thirty-Eighth Legislature of the State of Arizona.

/s/ Heniz R. Hink
Chairman

/s/ Henry Evans
Member

/s/ Benjamin Hanley
Member

/s/ Chris Herstam
Member

/s/ Jim Miller
Member

Motion by Mr. Hink, seconded by Mr. Evans, that the House adopt and approve the Articles of Impeachment as submitted by the House Managers in the matter of impeachment of the Honorable Evan  Mecham, Governor of Arizona.

***
(Votes for Amended sections that failed are omitted for necessity of brevity, final vote count of House by name omitted)

Passed by the following votes:

Ayes 42,
Nays 18,

Motion by Mr. Ratliff, seconded by Mrs. Hull, that the House stand adjourned until 11:00 a.m., Tuesday, February 9, 1988. Carried at 4:33 p.m.

Joe Lane
Speaker of the House

ATTEST:

Jane Richards
Chief Clerk of the House