Dan's Papers - October 3, 2008 - How to Impeach a Supervisor (Clue: You Can't)

While disgruntled and dissatisfied voters in East Hampton are running around collecting over 1,200 signatures to attempt to force East Hampton Supervisor Ed McGintee to resign, the truth is that, other than sheer symbolism, the initiative of these individuals has no legal legitimacy in law for the ultimate removal of McGintee from office.

There are no impeachment provisions in either East Hampton nor Southampton Town codes. There is no impeachment in town law. There is no recall in town law. In essence, there is no way to remove a Town Supervisor. A town of East Hampton official said that the only way supervisors are removed or rewarded is via the ballot box every two years. However, it should be noted that, should a Town Board official such as a Supervisor be convicted of a felony under State of New York Law, he will be removed from office by State Authorities.

More questions: What happens if a supervisor dies during the term? Resigns for health reasons? Is removed by the state for a felony? In East Hampton as well as Southampton, the Deputy Supervisor, who is in fact a Town Board member, takes over. At the moment in East Hampton, that is Pete Hammerle. However should that Town Board member die, resign for whatever reason or be removed by the state for conviction of a felony, the board then has the authority and responsibility to vote on a new member for the balance of the term. In the case of supervisor, they do not vote on a replacement - thus they conduct business with only four members, until they add a fifth by election within the natural election cycle.

Taking it a step further, should the whole board and clerk perish in a national or local catastrophe, the East Hampton Chief of Police takes over Town government. There is a whole host of authority changes under the Emergency Preparedness Plan that, once put in effect by federal officials, transfers authority to the hands of federally appointed leaders. Since Town law is consistent in New York State, the same is true for Southampton.

Having clarified the chain of command, let us return to the issue of the petition. The efforts of one of its creators, East Hampton resident Beverly Bond, to express dissatisfaction with the present Supervisor is in fact very spirited. Several times, at the East Hampton Post Office over the summer, I was approached by Bond, who attempted to get me to sign the petition. In the spirit of fairness I explained why I don't take sides in local political squabbles. At first, Bond was understanding but as I continued to resist signing the petition she became more enthusiastic. I began using the rear entrance to the Post Office.

When asked about Bond's petition, Lynn Ryan (an official in Supervisor McGintee's office) said, "Such actions are always disappointing, but one must consider the source." Bond has reportedly promised to keep acquiring signatures and expressing her point of view, perhaps until the next election resolves this issue once and for all.

There is no doubt that McGintee is in the eye of a firestorm. His very close election (receiving 3,316 votes compared to 3,212 for his opponent), demonstrated the strength of his opposition but it also demonstrated the size of his support. With the coming budget crisis resolution he will either lead the town to a better financial position and be rewarded, or in effect be impeached at the ballot box.