A State Senate ethics panel that assured the public its closed-door session to decide a member's fate would be tape recorded is having to explain itself now after learning the tape recording of the session is blank.

The committee kicked reporters and the public out of the hearing Wednesday before deliberating on a complaint against Sen. Scott Newman, R-Hutchinson. Newman was accused of violating senate ethics rules after his office sent an e-mail saying he wouldn't meet with those who contributed or supported his political opponent.

Senate President Michelle Fischbach, R-Paynesville, assured reporters and members of the public before the panel went behind closed doors to decide on the complaint, that the session would be recorded. Those deliberations led to the charge against Newman being dismissed and no investigation.

The four-member bipartisan committee also passed a resolution to make the tape of the session public. But somehow when the senate went to listen to the tape later it was blank, according to Michael Brodkorb, communications director for the Republican caucus and deputy chair of the state party.

He said this morning they don't know how the session wasn't recorded.

"What we know right now there was either an audio breakdown or a staff breakdown," Brodkorb said. "We don't know what happened at this point, but the audio wasn't picked up. It's unfortunate."

He said the equipment was old tape equipment and had failed in the past.

"I saw an inventory over the last four years that equipment has broken down," he said. "I think it's at an unacceptable level."

The portion of the session that was done in public was recorded successfully by the same equipment.