NORTHAMPTON — Former Senate president Stanley Rosenberg, D-Amherst, undermined the Senate’s anti-harassment policy because he should have known about his husband’s pattern of abusive behavior and failed to take steps to control it, Senate ethics investigators announced Wednesday.
The investigation, launched in the wake of sexual misconduct charges brought against Bryon Hefner, did not find that Rosenberg violated any Senate rules. But investigators found that the “firewall” Rosenberg said he put up between himself and Hefner, was ineffective and that Hefner had “unfettered access” to Rosenberg’s emails for almost nine years.
Rosenberg “essentially failed to protect the Senate from his husband, who he knew was disruptive, volatile and abusive,” said Senate Ethics Committee Chairman Michael J. Rodrigues, D-Westport.
The committee is recommending that Rosenberg not serve in any leadership capacity for the remainder of the current legislative session and for the entire 2019-20 legislative session.
Others went further. Attorney General Maura Healey said in a statement, “It’s clear to me that Stan Rosenberg cannot continue to serve in the Senate. I think it’s best if he steps down immediately.”
Gov. Charlie Baker also called for Rosenberg to resign immediately, stating “The Senate’s ethics report reveals a deeply disturbing pattern of behavior making it clear that Senator Rosenberg has compromised the business of the chamber and trust of his constituents.”
Rosenberg was unavailable for comment Wednesday evening, his chief of staff, Natasha Perez, said.
For over five hours on Wednesday, the entire Senate gathered in a closed-door caucus as independent investigators from Hogan Lovells law firm presented their 80-page report on whether Rosenberg broke any Senate rules in relation to sexual misconduct charges brought against Hefner.
Hefner pleaded not guilty to 10 charges in Suffolk Superior Court last week.
Rodrigues said the committee unanimously accepted the results of the investigation and agrees that Rosenberg’s firewall was inefficient, that he violated Senate internet technology policy by giving his email password to Hefner, and that he undermined the Senate’s anti-harassment policy.
“We think whether or not Sen. Rosenberg serves as a senator should be up to the voters in his district,” Rodrigues said, when asked why the committee is not recommending that Rosenberg step down from the Senate.
Rosenberg is facing a primary challenge from Northampton Democrat Chelsea Kline.
The report states that, “Senator Rosenberg’s conduct did not violate any specific Senate Rules, including Senate Rule 10, which prohibits Senators from using their positions for personal gain.”
It also states that “There is no evidence to suggest that Senator Rosenberg was aware that Hefner committed acts of indecent sexual assault,” but concluded that Rosenberg “should have perceived the foreseeable risk that Hefner would sexually harass Senate employees.”
The investigation found that Hefner had “what amounted to unfettered access” to Senate business through Rosenberg’s email and calendar. Hogan Lovells investigator Anthony Fuller said that Rosenberg, during 11 hours of interviews over the course of two days, said he gave Hefner access to his emails so that Hefner could see Rosenberg’s calendar and schedule.
Rosenberg was elected Senate president in 2015 but was forced to step down from the position in December 2017 after sexual misconduct charges were brought against Hefner. Not long afterward, Rosenberg, 68, and Hefner, 30, separated and Rosenberg said Hefner had entered treatment for alcohol dependency.
The charges were sparked by a report in the Boston Globe last November that detailed allegations against Hefner by four unnamed men. The men said Hefner sexually assaulted or harassed them and also bragged about holding influence over Senate affairs.
The Senate Ethics Committee paid $229,511 to Hogan Lovells of Boston last month for the investigation and report. The committee made the report available in its entirety Wednesday afternoon, and said that the witnesses’ identities were never made known to the ethics committee. Both the investigators and ethics committee said that Rosenberg had been wholly cooperative throughout the investigation.
The committee said the recommendations made in regards to Rosenberg will now be considered by the full Senate and are the start of a conversation on what should happen to eliminate an “intolerable” atmosphere in the Senate where people felt threatened by the Senate president’s husband.
“It’s sad. It’s sad and it’s disappointing, and it’s something that needs to change,” Rodrigues said. “That change starts now.”
M.J. Tidwell can be reached at mjtidwell@gazettenet.com.