Delaware Senate and House leadership want to remove embattled state auditor Kathy McGuinness from office following her recent conviction, but are not in agreement on how that should happen.
House lawmakers, including House Speaker Pete Schwartzkopf, sent a letter on Friday to Gov. John Carney urging him to use his constitutional powers to remove McGuinness once her conviction is upheld. Until Friday, Schwartzkopf, who has had longtime ties to McGuinness, had not commented on the situation.
Delaware Senate leadership, in an unprecedented move, introduced a resolution Thursday that would kickstart the process to remove McGuiness from office.
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“As elected officials, we take the oath of office all of us have sworn to uphold very seriously, putting the best interests of the state and its people above all personal or special interests,” two dozen House lawmakers wrote in the letter.
“Ethical behavior and adhering to the law are paramount to an elected official maintaining public trust, especially those in a statewide office tasked with serving as a financial watchdog.”
Yet Senate Democrats believe the General Assembly needs to take action, instead of solely relying on the governor.
“The constitution prescribes three paths for removing an elected official from office,” said spokesman Scott Goss. “Sending a letter without holding a vote is not one of them.”
McGuiness, who was found guilty of criminal corruption charges, has refused to step down from office, despite calls from a growing list of Delaware politicians. Both she and her lawyer, in the wake of her conviction, said she will continue to serve as auditor and is still running for reelection.
The resolution was introduced by Senate leadership, and it requires two-thirds support of both General Assembly chambers in order to petition Carney to remove her from office.
This process is separate from impeachment, which starts in the House of Representatives. This is likely the first time Senate lawmakers have ever sought to remove a politician from office.
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The Senate resolution involves three series of votes: The first vote, of which a simple majority is needed, is whether to hold a hearing in a joint session. The next establishes the rules of this hearing. The final vote, once a hearing has been held, requires a two-thirds vote in order to petition the governor to take action and remove her.
Though the 151st legislative session ended in the early hours of July 1, lawmakers can still return to Legislative Hall to vote. The Senate is expected to vote on whether to have a hearing on July 25. It’s likely to pass.
Senate leadership said in a statement that the auditor’s “refusal to place the public’s interest ahead of her own” initiated this resolution.
“Most Delawareans understand that an elected official who abuses their power and violates the law should not be employed at that tax-payer funded job any longer,” said Senate President Pro Tempore David Sokola, Majority Leader Bryan Townsend and Majority Whip Elizabeth “Tizzy” Lockman.
If the first vote passes the Senate, it’s unclear what will happen in the House. Drew Volutro, spokesman for House Democrats, said the letter sent by lawmakers on Friday doesn’t prevent further action from representatives.
The letter showed that McGuiness has lost significant political support from Schwarzkopf. Two lawmakers – Reps. Paul Baumbach and Sherry Dorsey Walker – did not sign the letter.
In response to the Senate resolution, Longhurst, in a statement to Delaware Online/The News Journal, cited powers in the Delaware Constitution that state the governor “shall remove from office any public officer convicted of misbehavior in office or of any infamous crime.”
This, Longhurst said, is “the clearest and most direct path to removing the state auditor because they require the governor to remove her.”
Gov. John Carney said in a statement last week that he believes McGuiness is unfit for office. But he believes he cannot use his powers to remove her from office until her conviction is made official. That will happen once she is sentenced, which has yet to be scheduled.
McGuiness’ conviction was based on her hiring her daughter and giving her special privileges in her office. The auditor’s office also paid an invoice from a political campaign and policy consultant. McGuiness was acquitted of felony theft, which was tied to her daughter’s employment, and felony witness intimidation for monitoring employee whistleblower emails.
The Democrat is the first statewide-elected official in Delaware to be charged with, and convicted of, a crime while still in office. During her indictment and criminal proceedings, she has claimed that other Delaware politicians have engaged in the same type of nepotism.
Contact Meredith Newman at (302) 256-2466 or at mnewman@delawareonline.com. Follow her on Twitter at @MereNewman.
