May 2, 2016 Services Committee: 4-18-2016 RESOLUTION NO. RESOLUTION DECLARING NO CONFIDENCE IN ST. LAWRENCE COUNTY DISTRICT ATTORNEY MARY E, RAIN AND CALLING UPON THE STATE OF NEW YORK TO INITIATE AN INVESTIGATION FOR THE POTENTIAL REMOVAL OF THE DISTRICT ATTORNEY BY THE GOVERNOR OF THE STATE OF NEW YORK By Mr. Perkins, Chair, Services Committee Co-Sponsored by Mr. Lightfoot, District 3; Mr. LaPierre, District 4; Mr. Denesha, District 6; Mr. Acres, District 8; Mr. Timmerman, District 10; Mr. Colbert, District 11; Mr. Arquiett, Distriet 13; Mr. Paquin, District 14 WHEREAS, a motion of no confidence is a statement or vote that a person or persons in a position of responsibility, is/are no longer deemed fit to hold that position as it is the opinion of the governing body that an individual is inadequate in some respect, is failing to carry out obligations, or is making decisions that are detrimental to the eriminal justice system and the public welfare, and WHEREAS, on January 1, 2014, Mary E. Rain was swom in as the District Attomey for the County of St. Lawrence, and since Ms. Rain taking office, demonstrable lapses in judgment and ethical behavior have occurred and continue to be exhibited, unchecked and unabated, and WHEREAS, shortly after being swom in as Distriet Attorney, after several contentious interactions between her and then County Administrator Karen St. Hilaire and several St Lawrence County Legislators regarding her need for increased space, Ms. Rain convened a grand Jury panel to investigate alleged “misappropriation of funds” and “criminal nonfeasance” on the part of Ms, St. Hilaire, for purchasing a sound system for the room used by the County Legislature to conduet meetings and which is also utilized by the court system as a courtroom, even though this expenditure of “equitably shared” seized fimds was approved by the former District Attomey and happened prior to the start of Ms. Rain’s tenure as District Attomey, and WHEREAS, on July 8, 2014, by letter of complaint, then County Administrator Karen St. Hilaire requested that an investigation be performed by the Public Integrity Bureau of the New York State Office of the Attorney General following the initiation of a Grand Jury proceeding by District Attorney Rain in 2014, and WHEREAS, since taking office, her tenure has been marked by complaints of sexual harassment within the office environment, the loss of grant funded positions because of lack of oversight and attention to detail by the District Attomey, the firing and forced resignation of assistant District Attorneys, one of which has resulted in a suit being brought against the County; the resignations of several other assistant District Attorneys which have left the current office minimally staffed with inexperienced attorneys. This recently resulted in allowing a law school graduate, not yet admitted to practice without “immediate” supervision, to prosecute a felony grade case in St. Lawrence County Court, whieh was subsequently dismissed after which Ms. Rain was publicly accused of fiaud by the sitting County Court Judge, and WHEREAS, Ms. Rain ordered the removal of all Assistant District Attorneys from local courts with limited exception, and further, threatened the County and the Board of Legislators with suspension of additional services for an alleged refusal to provide the Office of the DistrictMay 2, 2016 Attomey with additional staff beyond the increases already enjoyed during her tenure and she is reportedly the subject of an FBI investigation into allegations that she has engaged in conduct that resulted in illegally obtaining a confession from a jailed defendant, who at the time was represented by counsel, and WHEREAS, during the first three months of Ms, Rain’s third year (2016) in office as the District Attorney, Ms. Rain has been aecused by her Chief Assistant of targeting various elected and appointed officials for personal dislike and of abusing the power of her office, and WHEREAS, Ms. Rain’s tenure has been marked by continued failings, allegations of incompetence, short comings in the performance of her sworn duties, and now of having an enemies list that she wants to use to silence and demoralize her crities, all of which bring dishonor upon not only the office of District Attorney, but the County of St. Lawrence and its citizens as well. She-has-lost-the respect of the-vast-majority-of the St-Lewrence County commanity-she-was-oleoted to-serve-and all-oredibility-with the manner in-which her office conduets-the people’s business, and WHEREAS, the state constitution and statutes provide for the removal of district attorneys, by the Governor within the term for which the officer shall have been chosen, after the giving of notice of charges and an opportunity to be heard (See N.Y. Const, Art. XII, § 13(a), (b); Pub, Off, Law §§ 33 et seq., discussed in N.Y. Jur. 2d, Civil Servants and Other Public Officers and Employees §§ 111 et seq.), and WHEREAS, based on the aforementioned, the St, Lawrence County Board of Legislators has no authority to remove the elected District Attorney from office but may call upon the State of New York to perform an investigation and if found to be warranted, seek the removal of the District Attomey through the filing of formal charges, NOW, THEREFORE, BE IT RESOLVED that the St. Lawrence County Board of Legislators declares that it has no confidence in St, Lawrence County Distriet Attorney Mary B. Rain’s practices or performance as District Attorney, and is extremely concemed by the allegations that she would use the power of her office to convene a grand jury to harass, annoy and alarm those with whom she has on an enemies list, and BE IT FURTHER RESOLVED that the St. Lawrence County Board of Legislators respectfully requests that the Governor of the State of New York, authorize and order an investigation to determine if the current District Attomey possesses the demeanor, the ethical fitness and requisite judgmental ability, and the integrity needed to fulfill the duties and responsibilities of a duly elected District Attorney, and to make a determination of whether or not there are reasonable grounds to believe that erimes may have been committed by the District Attorney, and BE IT FURTHER RESOLVED that while this resolution does not include all of the information that could be used to further document the reasons for this request, the County Attorney is hereby instructed to provide any and all additional information to the Governor and/or to any investigative agency named to conduct the requested investigation, should the request be granted, and BE IT FURTHER RESOLVED that the Clerk of the Board is hereby directed to forward a certified copy of this resolution to Governor Andrew Cuomo, Attorney General Erie Schneiderman, Assemblywoman Addie Russell, Assemblywoman Janet Duprey, AssemblymanMay 2, 2016 Mare Butler, Assemblyman Ken Blankenbush, Senator Joseph Griffo, Senator Patricia Ritchie, Senator Elizabeth Little with appropriate transmittal letters and form. Note: Changes made during Committee are reflected in bold and strikeouts,