How do we get rid of problematic elected officials? 3 upstate NY towns have same question
The elected highway superintendent in the Schuyler County town of Orange is accused of creating an uncomfortable work environment for a female employee, often finding ways for the two of them to be alone, while also using racial and ethnic slurs like the "n-word" and a slur for Italians.
Similarly, the elected highway superintendent in Ogden has been accused by numerous employees of racist and sexist comments, as well as comments denigrating disabled people. An independent investigation found ample support for the allegations.
As well as the similarities of allegations, there is another likeness: The elected bodies in each town have found themselves handcuffed by state laws that block them from firing another elected official.
The mindset behind the law is solid: Without it some officials could be fired simply because of political whims or party changes within an elected board. But the law also, as towns are finding out, can hamstring elected boards and limit what they can do, even in the face of lawsuits. "There's limited options for town boards faced with the possibility of liability for actions of an elected official who they have no ability to control," said Megan Dorrite, a lawyer for the Town of Orange.
In Orange, the town could find itself facing a lawsuit because of allegations against its highway superintendent. And town workers in Ogden who have complained about the highway superintendent there are working with an attorney.
Each town has taken an action of sorts: Orange and Ogden set tight workplace restrictions on the highway superintendents, John Rappleye in Orange and Dan Wolf in Ogden. Neither is allowed to meet or speak with subordinates without a witness present.
In Irondequoit the town board has urged its supervisor, Andrae Evans, to resign.
So far, all are still in office. All three have denied allegations of harassment and misconduct, records show.
State law does allow for a removal process, but it cannot be initiated by the elected board. Instead, either a district attorney or a resident can file an application to the regional appellate court, seeking removal.
The DA in Schuyler County last week decided not to seek Rappleye's removal. The Monroe County DA's Office is investigating allegations of misconduct by Wolf.
Orange Town Supervisor Heather Waters said that there are four separate complaints against Rappleye. The state Division of Human Rights ruled against one of the complainants, according to the records obtained through the Freedom of Information Law.
A female employee of the highway department has retained an attorney. She is alleging sexual harassment and retaliation. Rappleye did not respond to phone calls for comment.
Ogden's allegations were similar. After an expansive internal investigation, a report determined that Highway Superintendent Wolf tried to bully workers and made racist, sexist and misogynistic comments, including against elected Black officials from the city. Wolf has declined to comment.
Last week the Irondequoit Democratic Committee postponed its designation of candidates after release of the internal town investigation alleging sexual harassment by Supervisor Evans against a former town employee.
The employee, a woman, alleged that Evans made sexually inappropriate remarks to her and took retaliatory actions after she complained. An investigation determined there was substantive proof of the allegations and the town board asked Evans to resign.
So far, Evans has not stepped down. He is up for re-election this year and said he plans to run. Similarly, Rappleye, a Republican, is also up for re-election and has yet to show indications that he won't run.
In Ogden, Wolf, a Republican, decided not to see re-election this year.
In an interview last year, Chris Koetzle, the supervisor of Glenville in Schenectady County and the executive director of the Association of Towns of the State of New York, said there is a logic to a strenuous process to remove elected town officials. "The standard is very high" for removal, he said. "There is good reason for that so that people don't try to weaponize the process because they don't like someone or because it's an election year."
The difficulty, attorney Megan Dorrite said, is the costs that can spring from a lawsuit because of an official's misconduct. "It could be a money judgment entered against the town because of an elected official's behavior and that could fall to the taxpayer," she said.
— Gary Craig is a veteran reporter with the Democrat and Chronicle, covering courts and crime and more. You can reach Craig at gcraig@rocheste.gannett.com. He is the author of two books, including "Seven Million: A Cop, a Priest, a Soldier for the IRA, and the Still-Unsolved Rochester Brink's Heist."
This article originally appeared on Rochester Democrat and Chronicle: 3 upstate NY towns have problematic elected officials: What can be done?
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