By Guy Page
Vermont should amend its Constitution because miscreant sheriffs like Franklin County’s John Grismore can’t be impeached under current law, House impeachment panel leaders told Senate Democrats Tuesday, January 30.
Speaking at the Senate Democratic Caucus, both Rep. Martin Lalonde (D-South Burlington) Rep. Mike McCarthy (D-St. Albans) said Prop 1 would give the Legislature more say in sheriff’s electoral qualifications and removal from office.
Proposal 1, on the Senate Journal notice calendar for upcoming review, adds the following language (in bold) to the Vermont Constitution language about county officers:
ELECTION OF ASSISTANT JUDGES, SHERIFFS, AND STATE’S ATTORNEYS
“The Assistant Judges shall be elected by the voters of their respective districts as established by law. Their judicial functions shall be established by law. Their term of office shall be four years and shall commence on the first day of February next after their election.
Sheriffs shall be elected by the voters of their respective districts as established by law. Their term of office shall be four years and shall commence on the first day of February next after their election. The General Assembly may establish by law qualifications for the election to and holding of such office.
State’s Attorneys shall be elected by the voters of their respective districts as established by law. Their term of office shall be four years and shall commence on the first day of February next after their election.
Lalonde and McCarthy said that they learned during this summer’s impeachment investigation – held mostly behind closed doors – that they can’t impeach Grismore under current law because his alleged offenses occurred before he was elected sheriff, and even decertified sheriffs remain immune from impeachment.
The panel won’t make an official decision until it sees a final report from the DRM, the firm it hired for the investigation.
Grismore is accused of kicking a shackled prisoner in the groin and of pension-related impropriety. But – both Lalonde and McCarthy pointed out – these incidents occurred beforee he was elected sheriff. So under Vermont law and Constitution and precedent in other states, he can’t be impeached.
Grismore has been decertified by the Vermont Criminal Justice Council – meaning he’s no longer a licensed cop. The Vermont Sheriff’s Association wants him to resign. Even the editor of the local paper wants him to resign. But it’s not enough to force Grismore out of office, said a clearly frustrated McCarthy, who characterized his county sheriff’s position thusly:
“The fact that they were elected for a four-year term, even despite of having their professional certification removed for cause, and in spite of everything that’s come to light and the editor of the newspaper and former law enforcement and his fellow sheriffs asking him to resign [and Grismore] is saying, ‘Nah, nope, the voters voted me, in I’m going to sit here, I’m going to do this job from a desk, without the ability to carry a gun and perform law enforcement duties, I’m going to defy that and I’m going to defy all of these calls. I was elected.’”
“My constituents in Franklin County can’t believe that we don’t already have this kind of a mechanism or the power to even debate one,” McCarthy said. “ So what Senator Hardy’s great work in Senate Gov Ops did was to say the General Assembly should be able to set some of these qualifications.”
Sen. Ruth Hardy (D-Addison) chairs Senate Government Operations, which voted out the Proposal to the Senate floor. Sen. Chris Bray (D-Addison) noted that proposed amendment doesn’t specify what qualifications could, or could not, be required. Hardy said that would be up to future Legislatures.
After both Lalonde and McCarthy said the impeachment process is “arduous,” Bray said maybe it should be arduous to unseat a elected official, and asked if any thought had been given to finetuning the impeachment process. Lalonde said in the process can’t be streamlined.
Another senator asked about whether a recall option had been considered for the constitutional amendment. Hardy said the state’s constitutional founders appeared to have considered and rejected that option. It was noted that recalls are often highly politically charged.
Senate Judiciary Chair Richard Sears (D-Bennington) said he co-sponsored Prop 1 only after failing to get much support for a Sheriff Accountability bill last year.
Constitutional amendments require at least 2/3 approval in the Senate.