Who precisely can take away Suffolk County Sheriff Steve Tompkins or place him on suspension whereas he faces federal corruption costs?
A portion of state legislation that requires the suspension of county officers or staff beneath indictment for misconduct at first seems to use to Tompkins’ scenario. However a 1994 Supreme Judicial Court docket resolution dominated that the statute doesn’t cowl elected county sheriffs.
As an alternative, the state’s highest court docket dominated {that a} majority of its justices may take away an elected county sheriff in the event that they obtained a criticism, together with from the governor or legal professional basic.
Ryan Quinn, a professor at Northeastern College who makes a speciality of labor legislation, mentioned a 1966 Supreme Judicial Court docket case additionally permits different events to file a criticism.
Within the decades-old case, the Massachusetts Bar Affiliation filed a criticism to take away a court docket clerk in Newton, and justices determined that the petition was “properly” earlier than them.
“The Supreme Judicial Court in that case said there’s no real standing requirement. It doesn’t have to be the attorney general,” Quinn informed the Herald.
Authorities accused Tompkins this month of pressuring an government at a Boston-based hashish enterprise for inventory within the firm earlier than it was set to launch an preliminary public providing, together with by reminding the person who he helped the corporate in its licensing efforts.
The hashish government “believed and feared that Tompkins would use his official position as sheriff to jeopardize” the preliminary public providing and an settlement with the Suffolk County Sheriff’s Division that was integral to the corporate’s hashish license.
High Democrats in Massachusetts have largely stayed silent on whether or not Tompkins ought to step apart after being charged with two counts of extortion beneath colour of official proper.
Gov. Maura Healey mentioned this previous week that she wanted “more information before commenting.”
“They’re certainly serious, and no one in elected positions should ever use or abuse their power in an unlawful way,” Healey mentioned of the fees. “I need to know more about this. I need to get more information.”
A criticism had not been filed towards Tompkins as of Friday, in response to court docket data.
But when one is levied towards the sheriff, and justices do determine to droop him, whether or not he receives pay is an open query, in response to Quinn.
Of their 1994 ruling, justices determined to droop then-Middlesex County Sheriff John McGonigle, who was dealing with a federal indictment. However the Supreme Judicial Court docket “didn’t really decide the question,” Quinn mentioned.
“It just assumed, because the parties didn’t disagree on that issue, that suspension would be without pay,” Quinn mentioned. “But that is, I think, unresolved. So, for instance, if the governor brought a complaint, or someone brought a complaint to suspend Tompkins, that is potentially an open issue whether he would receive pay.”
Media contacts go silent
In the meantime, the sheriff’s media contacts have gone darkish.
Peter Van Delft, director of Exterior Affairs & Communications, says on a voice message that he’ll be out of the workplace till early subsequent week. His assistant, Natalie Johnson, whom he suggests journalists name, has a message saying she’s additionally out.
A number of calls went unanswered on Friday afternoon. That features the workplace of the Basic Counsel. You’d assume the highest lawyer would have the flexibility to select up the cellphone.
The state Comptroller’s workplace lists the Suffolk Sheriff’s Workplace of getting an “employee head count of 1,009.” That features over 300 corrections officers who, I’m certain, are working this weekend.
The highest pay, the Comptroller’s web site states, was $305,437 final yr. Nineteen others made greater than $200,000, data present.
Tompkins took residence $215,430 final yr. The Comptroller’s workplace lists $22,626 as “leave buy back” and $1,804 as “other.”
Tompkins, who was arrested in Florida, didn’t choose up his cellphone on Friday both. The manager workplace additionally rang, and rang, and rang.
Who’s operating the Suffolk Sheriff’s Workplace?
Initially Revealed:
