Lawmakers mull ouster of officials
Fed up with the conduct of Gov. Tom Wolf and other state officials, several legislators say they are looking into ways of removing public officials such as lawsuits, impeachment or recall efforts.
State Rep. Daryl Metcalfe, R-12th, said there are members of the House who are looking into possible impeachment of Wolf.
“We are looking at how are we going to combat this problem. How are we going to rein in this governor?” Metcalfe said.
He claims that Wolf has taken numerous actions that reach beyond his constitutional powers, two of which he has been sued for.
Impeachment or a lawsuit are possible actions that the House could take, Metcalfe said.
According to the state constitution, the House can vote to impeach a governor and then the case would be tried in the Senate.
“We have impeachment available. We are looking at impeaching this governor because of the actions he has taken in office,” he said.
Meanwhile, state Rep. Jeff Pyle, R-60th, is unhappy with the situations regarding state Attorney General Kathleen Kane and former state Treasurer Rob McCord.
Because of that, Pyle said he is working on a bill that would amend the state constitution to allow for recall elections of state officials.
To do that, a constitutional amendment would need to be passed by the Legislature in two consecutive sessions. Under such an amendment, which has not been introduced, a majority of voters in at least half of the counties would need to approve a recall for it to get put on the fall ballot.
Then the people could remove an officer with a majority vote.
It would apply to elected state offices such as governor, treasurer, attorney general or auditor general.
“We’ve got lemon laws concerning cars and puppies. We had a treasurer that got caught shaking down state vendors, and we’ve got an attorney general that can’t stand in front of a judge and try a case. I think the lemon law applies here,” Pyle said.
Kane has been under investigation since 2014 for allegedly leaking grand jury documents. Her license to practice law is suspended.
McCord resigned his position last year and pleaded guilty to two counts of extortion. He was accused of threatening two companies to get donations while running for governor.
Pyle said the amendment is not intended to allow removal of officials over political disagreements.
“It’s not really a political thing, it’s about can you do the job or can’t you?” he said.
Several other legislators that serve the county said they have heard rumblings recently about Wolf abusing his power.
Rep. R. Lee James, R-64th, said members of the House have discussed the legality of Wolf releasing basic education funding, despite his vetoing a fiscal code bill in March.
“It’s probably wishful thinking, but how some of the things that are happening that are coming out of governor’s office are certainly sketchy,” James said.
The governor’s office Tuesday announced it would use its own distribution formula — instead of the fiscal code that Wolf vetoed — for basic education, which differs from the one proposed by the Legislature.
State Rep. Tedd Nesbit, R-8th, said he has heard brief discussions about impeaching Wolf, but nothing serious.
However, filing a lawsuit may be an option to stop him from distributing education money.
“We’re exploring filing a lawsuit of some sort to the Commonwealth Court to see if there could be an injunction. I don’t know if that’s legally possible. It’s being discussed,” he said.
State Rep. Jim Marshall, R-14th, said he is not aware of any talk of impeaching Wolf.
“I don’t know that I’ve seen anything that at this point that I would call illegal. I think that certainly we can disagree with him, but I haven’t heard about any discussion of impeachment,” he said.
Pyle also said that he is not sure if Wolf has done anything impeachable.
“Some things have been unethical and just bad practice, but I don’t know about illegal,” he said.
Wolf also made headlines recently for supposedly restricting access to constituent services for Democratic legislators who voted across party lines on budget issues.
State Rep. Jaret Gibbons, D-10th, said his office had not had any difficulties.
“I was disappointed to hear that some of my colleagues had these difficulties. I hope that whatever has happened there has been resolved,” he said.
Metcalfe said there are multiple examples of Wolf taking actions that are not within the powers of his office.
“We have to let this governor know, he has not been elected a dictator, he has not been elected a king,” he said.
Two lawsuits against Wolf have gone to the state Supreme Court.
Wolf last year said imposed a moratorium on capital punishment until he sees a report from a legislative commission that has been investigating excessive costs and flaws in the system.
His action was challenged by Philadelphia District Attorney Seth Williams, but the state Supreme Court ruled in December that what Wolf did is constitutional.
Wolf also has been sued over his firing of Erik Arenson, the executive director of the state’s Office of Open Records. Arenson was appointed by Gov. Tom Corbett to a six-year term.
Arenson was reinstated in June, but his case will be heard by the state Supreme Court.
