Have you ever been so frustrated you that wanted to recall a public official? Maybe it is Gov. Paul LePage because of his recent Good Will-Hinckley School overreach, or maybe it’s a selectman or school committee member because of excessive town spending.

When you start looking into it, however, you find removing someone from public office is not a simple process and, in some cases, can’t be done at all.

Years ago, my husband and I served several terms on our local school committee, and both served when the superintendent laid off a popular teacher during his probation period. The layoff was extremely controversial, and many townspeople were incensed, demanding the recall of the entire school committee. The problem was Somerville had no recall capability — not for school committee members, selectmen or other municipal officials.

For years, the only way that municipal officials in Maine could be recalled was if recall language were built into the town’s charter. The Legislature then loosened the law by allowing recall at the municipal level if the town passed a special ordinance to allow it.

In recent years, several towns have gone through that recall process. In 2013, the Auburn School Committee was targeted for recall because of spending practices, but the recall was eventually dropped. This year, residents of Denmark have initiated recall of two selectmen who would not fire the town manager, while in Liberty, residents are attempting to recall a third selectman because of perceived conflict of interest.

What about recall of elected officials at the state level? In his June 19 column, “Maine voters deserve the right to recall a chief executive,” Alan Caron lamented that Maine has no popular recall function for governor. That seems odd in a state so committed to citizen initiatives. The recall process generally starts with a petition drive spearheaded by citizens and ends with a special election. Nineteen states allow such recall of state officials (executive, legislative or judicial), but Maine is not one of them.

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Recall is distinctly different than impeachment, which the Maine Constitution does allow for the governor. Impeachment is a purely legislative process, where Maine’s House of Representatives first considers whether a serious offense or abuse of power has occurred. If the House votes to impeach (or “indict”), the next step is a trial, conducted by the Maine Senate. Only after a two-thirds majority vote of the Senate to convict will a governor be removed from office.

Even though current members of the House are calling loudly for impeachment of LePage, it is a very high bar. No governor has ever been impeached in Maine.

A sitting governor can be removed if he (or she) has suffered a mental or physical disability for more than six months. The Legislature can, through a two-thirds vote, declare the position vacant, which must be confirmed by the Supreme Court. Additionally, if a governor suffers a temporary disability, he/she can notify the Court regarding the voluntary inability to carry out responsibilities (but don’t look for that to happen with this governor).

One more little-known option is tucked into the Constitution. The secretary of state can declare to the Supreme Court that the governor is temporarily unable to discharge his/her duties because of mental or physical problems. The court then conducts hearings and makes a judgment. One could term this provision the “nuclear option.” Small wonder that it has never been used.

Some might be encouraged by the references to mental disability in the Constitution, as LePage’s behavior often has been described as erratic, explosive and unhinged. However, the issue of abuse of power is likely more fertile ground for potential removal by the Legislature.

So when it comes to ousting public officials from office, the public clearly has more leverage at the local level. This is as it should be in a state such as Maine where town government is very close and accessible to its people.

If Maine people want to be able to fire a governor or Supreme Court judge, they first will need to pass that provision as a constitutional amendment through popular vote. Only four amendments have been made since 2000, so the path is not easy.

Ironically, the impeachment effort could drive Maine toward a people’s recall campaign. Given that only eight governors in the United States have ever been impeached and removed from office, the likelihood of the Maine Legislature convicting LePage is low. Failing that, we may see the Legislature propose a constitutional amendment for recall and send it to the voters to, as LePage likes to say, “Let the people decide.”

Lisa Miller, of Somerville, is a former legislator who served on the Health and Human Services and Appropriations and Financial Affairs committees.


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