UPDATED: DE State Senate Passes SCR 128 Beginning the Process of Removal from Office of State Auditor Kathy McGuiness; State House Will NOT be Called into Session
The Delaware State Senate met in special session Monday to begin the process of the removal of State Auditor Kathy McGuiness from office. McGuiness was found guilty of three misdemeanor charges earlier this month – she was acquitted of two felony charges. Senate President Pro Tempore Dave Sokola told the Senate that McGuiness has had opportunity to take a leave of absence or resign, but has refused. Senate Minority Whip, Brian Pettyjohn spoke for the GOP Caucus which stood in opposition to the resolution – saying that the timing was off – as McGuiness is still innocent in the eyes of the law as the entry of a judgment of conviction by the Superior Court has not been entered by the trial judge. Senator Pettyjohn made a motion to table the resolution which was defeated by a 13 to 7 vote with 1 absent. After about 40 minutes of discussion from both sides of the aisle, the State Senate voted 13 to 7 with 1 absent to approve Senate Concurrent Resolution 128 – it’s now waiting in the State House for consideration.
Speaker of the House, Pete Schwartzkopf says the House will not be meeting for a vote on SCR 128 and put out this release after the Senate Special Session concluded Monday:
“This isn’t taking decisive action: it’s political theater. I have no intention of calling the House into session to consider this resolution at this time. The Senate’s resolution would simply start a lengthy process to ultimately ask the governor to remove the state auditor from office – a request he’s not required to fulfill, and a request he’s indicated that he wouldn’t carry out at this time anyway.
“Going through this lengthy process will produce no different result than the letter our caucus members sent to the governor more than a week ago supporting him using his constitutional powers to remove the auditor at the appropriate time.
“The governor has stated that he intends to follow the Delaware Constitution, which clearly spells out the quickest and most direct process to remove a public official for misconduct: Once the verdict has been entered as a conviction by the Superior Court, the governor is required by law to remove the official. After the verdict in the state auditor case has been entered, the governor must remove her from office. That is as clear and simple as it gets.
“It’s important that the public understand that what the Senate is proposing is to start a process where the General Assembly would need to draft rules, give 10 days’ notice and then hold what amounts to a trial – where the auditor can be represented by legal counsel, call witnesses and present evidence. Afterward, each chamber would need a 2/3 vote to merely ask the governor to remove the auditor.
“Both options lead to the governor making the final call on removal, and he’s already said he intends to wait until a conviction has been entered, at which point he’s required to remove the auditor.”
State Auditor Kathy McGuiness contacted the Talk of Delmarva with the following statement:
