The South Dakota Senate on Wednesday censured and reinstated a Republican senator who was suspended last week amid allegations she harassed a legislative aide during an exchange about childhood vaccinations and breastfeeding.
The Republican-controlled Senate overwhelmingly approved a report from an investigative committee that concluded Sen. Julie Frye-Mueller harassed a staff member of the Legislative Research Council, which assists lawmakers with drafting bills and research.
The aide, who has not been publicly named, filed a complaint last week detailing how Frye-Mueller told the aide her child could die from vaccinations and suggested her husband could suck on her breasts to get milk to come in for breastfeeding. Frye-Mueller allegedly suggested to the aide that she do that at night, gestured towards her chest, then made a motion to her husband, who was also in the room.
“He smiled and nodded,” the aide said in her complaint.
Frye-Mueller and her husband have denied much of the aide's complaint. She has also sued the Senate's leadership in federal court. She argues that her suspension, which was made without first holding a hearing, violated her right to due process and free speech and her ability to represent her constituents.
“The Senate committee, in adopting its report, has clearly made a statement that we believe” the aide, Republican Sen. David Wheeler said. “We believe misconduct happened and some sort of discipline is appropriate.”
Only one senator voted against adopting the report and its discipline. Frye-Mueller, who is allied with a right-wing group of Republicans, will be reinstated to the Senate but barred from interacting with most of the Legislative Research Council staff.
Republican Sen. Tom Pischke, who cast the lone dissenting vote, said he disagreed with nearly everything the Senate had done to discipline Frye-Mueller, that it had deprived her of due process and tried to cast doubt on the credibility of the aide.
Frye-Mueller was allowed back on to the Senate floor Wednesday after the vote.
“I completely disagree with the censure. The only reason I’m going back in is to be a voice for the voters of District 30,” she said.
