House sets ground rules for vote on Carlos Henriquez censure

boston carlos henriquez assault
State Rep. Carlos Henriquez appears in court during his arraignment in 2012 on assault charges.
Credit: Boston Herald/Pool photo

The Massachusetts House on Monday set the ground rules for a potential vote to discipline incarcerated Rep. Carlos Henriquez, approving a procedural order that includes an allowance for Henriquez to address his colleagues before they pass judgement.

Henriquez has refused to resign as he appeals his Jan. 15 conviction on assault and battery charges.

With a just a few House members on hand after a day of waiting, the House just before 5 p.m. adopted an order offered by Rep. David Nangle, the Lowell Democrat leading the House Ethics Committee’s investigation into Henriquez, which outlines the voting procedure that will be followed to possibly expel Henriquez from the House.

The House plans its next formal session on Thursday. It’s unclear when or if the committee will file a report.

The order (H 3893) specifies that a simple majority of House members present, after a quorum has been established, will be required to either reprimand, censure or expel a member of the House, and those votes shall be binding with no right to reconsideration or appeal.

If Henriquez is expelled by a majority of his colleagues, his 5th Suffolk District seat would immediately be considered vacant.

The procedure outlined by Nangle’s order is the latest step as the House moves closer to taking action against Henriquez, who has resisted calls from House leaders like Speaker Robert DeLeo to resign and avoid the display of lawmakers publicly voting to oust or discipline one of their own.

Henriquez has been remaining in contact with his State House office aides from jail in Billerica, and on Friday had a letter delivered to the House clerk’s office requesting a six-month leave of absence from the House. The letter was dated Jan. 15 – the day of his conviction – but was not delivered until Jan. 31.

Clerk Steven James said he is still reviewing Henriquez’s request, but it remains unclear whether there is any formal procedure for a lawmaker to take a leave of absence.

Henriquez is serving six months of a two-and-a-half year sentence in the Middlesex House of Correction after a jury convicted him on two counts of assault and battery stemming from a domestic violence incident last summer.

Nangle’s order set up the rules for consideration by the full House of a report of the House Ethics Committee, which has still not been filed. Once a report and recommendation from the committee is introduced on the House floor, only motions to postpone debate or amend the report can be filed.

The “accused,” or in this case Henriquez, would be allowed to address the House after opening remarks by Nangle, and “from time to time” throughout the debate, but cannot vote or be present in the House when members cast their votes.

Since entering jail, Henriquez has twice been transported to the State House in handcuffs by the Middlesex County Sheriff’s office to testify before the House Ethics Committee.

Follow Metro Boston on Twitter: @MetroBOS


News
Entertainment
Sports
Lifestyle
Local

NYPD: Suspect fleeing traffic stop shot by cop…

The NYPD said an officer temporarily reassigned for the Summer All Out program shot a suspect who slammed into two NYPD cars and hit a cop in Brooklyn.

Local

De Blasio and first family will travel to…

Mayor Bill de Blasio and New York City's first family will travel to Italy later this month for a summer vacation.

Local

TIPS: How to take great photos during 'Manhattanhenge'

Grab your camera and make the perfect picture this Saturday.

National

Seinfeld emoji cound be available next week

Get your puffy shirts and your marble rye ready, America. Seinfeld emoji could become available as early as next week.

Gossip

PHOTOS: Axelle Despiegelaere AKA "most beautiful" fan gets…

You may know her from FIFA coverage's  "honey shots" as the most beautiful fan to attend the World Cup in Brazil, or maybe you've seen…

Television

Final season of 'Glee' will be only 13…

The final season of "Glee" will officially be only 13 episodes, instead of the usual 22.

Entertainment

Complex characters, juicy scripts boost Netflix's Emmy nominations

The unconventional approach to TV at Netflix netted 31 Emmy nominations, a major achievement after plunging into original programing just last year.

Entertainment

Actor Josh Duhamel dons bunny suit to encourage…

The former Transformers star and husband to singer Fergie took to the Venice Beach boardwalk in California in a bright pink, Christmas-story inspired bunny suit Wednesday to help spread the…

World Cup

A game of two popes: Vatican plays down…

By Philip PullellaVATICAN CITY (Reuters) - With Argentina meeting Germany in the World Cup final, the Vatican on Friday brushed aside talk of soccer rivalry…

NFL

Which Jets player has the best odds at…

Metro New York asked Bovada.LV to rank the top three contenders for the NFL MVP on the Jets.

World Cup

Argentina prevails in penalties, advances to final

The drama never seems to subside as the World Cup finally has its final two.

MLB

A Joffrey Ballet dancer threw the most beautiful…

http://youtu.be/Hg61JOZJrYM?t=29s While asked to throw a first pitch at a baseball game can be a treacherous and/or embarrassing experience (see Cent, 50), sometimes everything can…

Tech

Mesh sheds light on top 10 dating deal…

What are New Yorkers' top 10 dating deal breakers? Find out here.

Wellbeing

This Week in Health: Sexual headaches can be…

Sexual headaches: an under-discussed health issue Location: U.S. Results: If getting frisky brings on a headache, you’re not alone. Headaches associated with sexual activity represent a…

Food

Head to FiDi for free Chia Pods from…

They may have been last summer's darlings, but chia seeds have definitely not gone out of style. A great source of omega-3 fatty acids, they…

Wellbeing

Stop thinking your diabetes risk begins above a…

When it comes to diabetes research, a new study says black and Asian adults may be at risk for developing diabetes at a lower weight…