In a follow-up to the Sept. 10 vote to move forward with impeachment proceedings, the Student Senate convened on Wednesday to hold a formal hearing for St. Edward’s Hall senator Michael Heffernan. Heffernan, whose seven recorded absences violate Section 4.4 of the Student Senate bylaws, claimed that his actions were motivated by the desires of his constituents, who he said are overwhelmingly in favor of his decision. Prior to the impeachment hearing, Heffernan expressed confidence that the charges against him would be dropped.
“I think common sense will win the day,” Heffernan said. “As Stedsmen, we’re always feeling confident. I think last week, the Judicial Council’s evidence spun me as lazy … but I’ve worked hard for my brothers to make sure we’re heard and we’re left alone.”
Heffernan’s claim of strong public support was a contentious topic at last week’s session, where Heffernan’s inability to provide concrete evidence ultimately contributed to the Senate’s decision to move ahead with proceedings. Heffernan sought to address this point at Wednesday’s hearing, citing a petition he had initiated among St. Edward’s Hall residents as evidence of his mandate. Signatories of the petition affirmed Heffernan’s “right and responsibility to act according to [his] conscience,” as well as their “continued support for senator Heffernan’s efforts to represent [them].”
“Last week, the Judicial Council investigation claimed that I only had 25 to 30 supporters based on information that they acquired during their investigation,” Heffernan said. “During the meeting last week, I couldn't defend myself because of the rules that were in place. But here before me, I have 121 signatures, which, if you discount myself, comes to about 80 percent of Steds.”
The impeachment hearing began shortly after the Senate convened. It would begin by allowing Heffernan to speak in his defense, granting time for senators to question his statements. Afterward, senators would move into debate amongst themselves, before finally voting on the question of impeachment.
Standing before the senate, Heffernan provided arguments in his defense, summing it up to two major points. The first was the will of his constituents, who, he felt, based on residential feedback and petition data, didn’t want him to come to meetings. Heffernan also claimed the Judicial Council evidence presented against him at last week’s session was one-sided and false and did not accurately reflect his situation.
“When you look at the situation as it’s accurately represented today, I have represented my constituents and I don’t think anybody can argue against that,” Heffernan said. “You could say, ‘I broke the Senate laws.’ I mean, I did … but this is what my people want. So I just want you all to consider that if you vote to impeach, you’re voting against the will of St. Edwards Hall … You’re using your decision as an individual to counteract the decisions of an entire group of people – an entire family.”
After Heffernan's statements, the floor opened for questioning. Z Zavala, the senator from Welsh Family Hall, asked Heffernan if he would ever inquire into the motivations of his constituents. Heffernan said he would not “pry into [their] lives” and that at the end of the day, he would do what they asked him to without question.
Tayo Awe, a senator from the Undergraduate Community at Fischer, questioned Heffernan’s personal intentions, asking what statement his absences made. Heffernan responded to the question by once again appealing to the desires of his constituents.
“I guess absence to all the other Stedsmen takes on a different meaning for every person,” Heffernan said. “I’m not out here to prove a point. I’m really just defending St. Edward’s right to self-govern. And I think every Stedsmen took away something different, and I think they found a voice through my decisions.”
After this, the Senate moved out of questioning and into formal debate. Like the previous week, senators' opinions on Heffernan's case were mixed. Junior class council president Aleah Applin was the first senator to speak plainly in favor of impeachment, concerned about what it would mean for a whole dorm to lack representation in the University’s student body.
“I think it's really important that people are represented in their dorm. Maybe they don’t mind [Heffernan] not showing up, but if they don’t understand that they’re not being represented, that’s a problem,” she said. “We talk about important issues in Senate, and if there’s over 150 people not being represented, that does present a problem in the future.”
Dunne senator Kyle Lauckner concurred with Applin, concerned that Heffernan was not meeting his duties as a duly elected representative. Lauckner highlighted that being part of the Student Senate comes with its own set of responsibilities.
“There’s a two-way stream responsibility, one to our constituents and one to the Senate. When we all decided to run for senator, we took on the implication that we would follow the rules here,” Lauckner stated. “That’s kind of what this whole impeachment is all about. It’s not a question of whether we are serving. It is a question of, ‘Are we following the rules that we all agreed on as senators and voted on within the first couple of weeks?’”
Lauckner added that the continued absence of an elected senator from the Wednesday meetings set a poor precedent for other members of the body. He argued that Heffernan’s absence means that there is one less person to share the work, which makes the day-to-day work of the Senate’s various departments much more difficult.
“When he doesn’t show up, there’s one less person on the committee, so then we have to start picking up the slack … I think this issue is kind of dry,” Lauckner said. “I think you all know what side I lean on. If it were a piece of chicken – I’d choke on it.”
Max Barton of Carroll Hall rallied to Heffernan’s defense. The prior week he acted as a proxy for Carroll Hall senator Charlie Bacon and spoke strongly against proceeding to an impeachment. Although Bacon was present at Wednesday’s hearing, he was willing to yield his time to Barton. This allowed him to deliver another speech in favor of Heffernan’s position.
“What good is a constitution if it does not support its people?” Barton asked the senate. “It is blind and it is effectively illegitimate. A constitution is passed by its people. It needs to support those people. And if you vote to impeach this man, you’re making the Constitution an entity of its own, which it cannot be. He represents his constituents – there is nothing better than that. There’s nothing better than that at all. If the role of the Senate is to silence people, we cannot call ourselves just, we just can’t.”
After debate, the Senate motioned for a formal vote on the impeachment of Heffernan, with parliamentarian Sam Robinson noting that a two-thirds majority would be necessary for removal. The motion to impeach narrowly passed, with the two-thirds threshold barely reached. The final vote was 22 in favor and 11 against, “the slimmest margin possible” according to Robinson. A motion to reconsider was presented but did not garner enough support to go into effect, confirming the Senate’s decision.
With Heffernan’s impeachment, his seat in the Student Senate will be vacant for the time being. According to a written statement from Maddy Hutson, the Judicial Council vice president of elections, an election to fill the position of senator for St. Edward’s Hall will take place shortly, likely to “be held within the next two academic weeks,” as deemed by the student body’s constitution. According to Hutson, “Heffernan is ineligible to re-run ... as he has held the position during the current term.”
Following the verdict, Heffernan and his supporters exited the senate chamber. Heffernan spoke briefly with The Observer following the hearing, expressing disappointment with the outcome.
“What can I say? Freedom didn’t rule today,” Heffernan said. “I think this represents a lot of un-American values, and people’s voices were silenced today. My friends and brothers, their votes didn’t count today; they were completely ignored, and their voice was not heard.”
