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What happens when an elected Congressional representative doesn’t show up for work for months? Can taxpayers and voters hold them accountable?
Republican Rep. Tom Kean Jr., who represents New Jersey’s 7th District, voted in favor of President Trump’s immigration crackdown on March 5, but disappeared thereafter for almost four months
During his absence, a spokesman said more than once that the Congressman was looking forward to getting back to work, but never offered an explanation for his absence or specified a return date
Kean missed 140 votes before his return to Congress on June 30, when he announced during a short speech on the House floor that he was being treated for depression. After the speech, he declined to answer questions about why he vanished quietly, but said he is a private person. He also declined to discuss details about his treatment and hospital stay or why his expected return date kept changing
Are elected officials required to work?
Legislative presence is recorded, but the U.S. Constitution doesn’t lay down specific attendance or voting requirements for members of Congress. Nor does it require elected officials to explain absences
Micah Rasmussen, director of the Rebovich Institute for New Jersey Politics at Rider University, said excessive absences by New Jersey mayors or council members are governed by state statutes and local municipal ordinances. He said some town codes stipulate that a council member can be replaced if they miss a certain number of meetings, but that is not the case for members of Congress
“Elected officials occupy really rarified air. They have a direct relationship with their bosses, who are their constituents, but they are the ones who set the rules,” Rasmussen said
Maura Collinsgru, policy and advocacy director for New Jersey Citizen Action, said having empathy for someone struggling with depression doesn’t negate the need to be accountable
“When representatives need to take time off, there needs to be some process, some accountability; every HR department in America has that,” she said
She said the bar should be set higher for Congressional representatives
“They have the privilege to serve as the voice for hundreds of thousands of constituents, so they have a greater responsibility,” Collinsgru said. “The issue here is taking leave with no explanation whatsoever.”
She added members of Congress have a much greater responsibility to be more transparent and more accountable than most workers
“It’s not a partisan issue, it should be something that every member of Congress has the responsibility to do,” she said
Collinsgru said New Jersey Citizen Action has worked to ensure members of Congress and others have the right to take paid leave to care for themselves or a loved one, without the fear of losing their jobs
Rasmussen said in most cases, unexplained absences are due to serious medical conditions that usually result in resignations or replacements, but this was not the case for Tom Kean Jr
“This is a good news story in that Congressman Kean is better,” Rasmussen said. “If he had an opportunity to set some plans in motion in advance, he may have chosen a more transparent option. I think the public wants to cut somebody some slack, give somebody the space they need to get better, but it’s hard to be understanding when you don’t know what’s going on.”
Last month, the Democratic Congressional Campaign Committee reported that Kean was trading stocks while he was out. The National Republican Congressional Committee said that Kean’s attorney had confirmed that his assets are managed by independent professionals without his input
Possible punishment?
Congress has the authority to censure its members for disorderly behavior or misconduct, or vote to expel them by a two-thirds majority, but Rasmussen said expulsion is rare
“I have not seen a situation where that has occurred over an illness, over an undeclared medical leave of absence, anything like that,” he said
After Kean revealed his struggle with depression, several of his Congressional colleagues, Republicans and Democrats, expressed sympathy for him and said they were glad he was back
Republican House Speaker Mike Johnson said he believed Kean had addressed his absence appropriately and told him, “We’re in your corner, and we are behind you 100%.”
A request for comment from a spokesperson for Rep. Kean was not immediately answered
Kean, who is seeking a third term, will face Democrat Rebecca Bennett, a former Navy helicopter pilot, in the November general election
Bennett wished Kean well after he explained why he had disappeared for 116 days, but she criticized him for not standing up to Trump on several issues impacting New Jersey, including attempts to cancel funding for the new Hudson River rail tunnel. That contest is shaping up to be one of the most competitive midterm races in the nation
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