The Legislature is considering a measure that would allow for the suspension of a county sheriff pending an investigation of alleged wrongdoing. But there are concerns the bill could be unconstitutional.
In 2017, Oxford County residents were stunned to learn their then-Sheriff Wayne Gallant had been sexting employees. County commissioners discovered that under the state constitution, only the governor can remove a sheriff, and only after a hearing.
Gallant stayed on the job for 40 days before he resigned, destroying evidence against him, says Republican Sen. Lisa Kiem of Dixfield, who has proposed a law that would allow a suspension by a governor after a Superior Court hearing. But legislative analyst Julia Finn of the judicial branch offered this caution before the state and local government committee.
“We feel there are separation as well as constitutional concerns with the bill as drafted,” she says.
Some lawmakers say that only a constitutional amendment giving the governor the authority to suspend a sheriff pending an investigation will provide the needed level of accountability.
