The Assembly Ethics Committee will drop its investigation into the conduct of ex-Assemblyman Mike Duvall because it does not have jurisdiction to investigate the actions of lawmakers who are no longer in office, Assembly Speaker Karen Bass said today.
Duvall resigned last month after a video surfaced of him making lewd and graphic comments about sexual trysts with two women. One of the women referenced in the conversation, which was recorded by a hot mic during a July Assembly hearing, has been identified by some news outlets as a lobbyist for the utilities company Sempra Energy. Duvall was vice-chair of the Assembly Utilities and Commerce Committee, which handles energy-related issues.
Bass had called for a full-blown investigation into the conduct described in the tapes, but Duvall's resignation removed any action the committee could take because the panel's jurisdiction ends at determining whether sitting members can continue to serve in the Legislature, according to an opinion issued by the legislative counsel.
"Based on the information presented by counsel, my understanding now is that the Assembly's disciplinary ability--with its harshest penalty being removal from office--was fulfilled by the resignation. Mr. Duvall is left to face the consequences of his actions. But in terms of the Assembly, his immediate departure from the house serves as the ultimate consequence," Bass said in a statement.
Bass said she has asked the co-chairs of the Assembly panel to propose additional safeguards for ensuring relationships between legislators and lobbyists, "remain totally aboveboard and consistent with the public's best interests."
At least one government watchdog group has called on the Attorney General's office to open a criminal investigation into whether Duvall could be prosecuted for "selling his votes."
The Los Angeles Times reported today that FBI agents have questioned two former aides of the ex-assemblyman on the matter.
Special Agent Steve Dupre, a spokesman for the FBI, confirmed that the office had talked to two Duvall aides the week of Duvall's resignation. He said investigators are assessing the information received, but no conclusions have been reached.
Jon Waldie, Assembly administrator, said the Assembly Rules Committee has not been contacted by the FBI. No subpoena has been issued and no written materials or computer data, including e-mails, had been removed from Duvall's office, he said.
Duvall's office declined to comment Friday.
The Bee's Jim Sanders contributed to this report.This post was updated at 2:03 p.m. to include information from FBI Special Agent Steve Dupre.
Photo credit: Hector Amezcua/Sacramento Bee.
Torey Van Oot and the Bee Capitol Bureau report on the people and politics of California government. Get 
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