Can you get rid of an elected official in NY? Here's what can be done
Three towns within two hours of each other — Irondequoit, Ogden and Orange — have recently found themselves dealing with elected officials accused of sexual harassment as well as, in Ogden and Orange, bullying and racism.
To have a town elected official removed, either a district attorney or a resident can file an application to the regional appellate court, seeking removal. The application would lay out the allegations, the individual accused of the misconduct could respond, and appellate judges would decide.
The town board in Orange asked the Schuyler County district attorney to investigate allegations against John Rappleye, the highway superintendent.
Vincent Moyer, an attorney representing some highway workers in Ogden, has done the same in Monroe County with complaints against the town's highway superintendent, Dan Wolf. Moyer said the Monroe County DA's Office has been interviewing individuals about the allegations against Wolf, as recently as this month. The DA's office declined to comment.
In Schuyler County, District Attorney Joseph Fazzary last week decided not to seek Rappleye's removal after a New York State Police investigation found no evidence of criminal behavior. The state law, however, does not require criminal law for removal.
In an email, Fazzary acknowledged that criminal allegations are not necessary but said that the law does allow residents of the town to also file a request for removal of the official, regardless of what the district attorney decides. The law says that an official can be removed by appellate judges for "any misconduct, maladministration, malfeasance or malversation." The latter is another term for corruption or misconduct.
— 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: Can you remove an elected official from office? What can be done
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