Pols & Politics: Court Rules Anyone Can File Complaint to Oust Suffolk Sheriff

Legal Challenges and Uncertainties Surrounding Suffolk County Sheriff Steve Tompkins

The situation surrounding Suffolk County Sheriff Steve Tompkins has raised several legal questions, particularly regarding his potential removal or suspension amid federal corruption charges. A key point of discussion is the state law that mandates the suspension of county officers or employees under indictment for misconduct. However, this statute does not apply to elected county sheriffs, as determined by a 1994 Supreme Judicial Court decision.

Instead, the highest court in Massachusetts ruled that a majority of its justices can remove an elected county sheriff if they receive a complaint. This complaint can come from various sources, including the governor or attorney general. Ryan Quinn, a professor at Northeastern University specializing in labor law, noted that a 1966 case allowed other parties to file complaints. In that case, the Massachusetts Bar Association filed a complaint against a court clerk, and the justices accepted it without requiring any specific standing.

Tompkins faces serious allegations, including pressuring a Boston-based cannabis business executive for stock before the company’s initial public offering. The executive reportedly feared that Tompkins would use his position to jeopardize the IPO and an agreement with the Suffolk County Sheriff’s Department, which was crucial for the company’s license.

Top Democrats in Massachusetts have remained largely silent on whether Tompkins should step down after being charged with two counts of extortion under color of official right. Governor Maura Healey stated she needs more information before making a comment, emphasizing that no one in an elected position should misuse their power unlawfully.

As of now, no formal complaint has been filed against Tompkins. If one is levied, the question of whether he would receive pay during suspension remains unresolved. In a 1994 ruling, the court suspended then-Middlesex County Sheriff John McGonigle, but the issue of pay was not explicitly addressed. Quinn explained that the court assumed suspension would be without pay, but this remains an open question.

Communication Breakdown and Operational Continuity

Meanwhile, the sheriff’s media contacts have gone silent. Peter Van Delft, director of External Affairs & Communications, left a voice message stating he will be out of the office until early next week. His assistant, Natalie Johnson, who is supposed to handle media inquiries, also has a message indicating she is unavailable. Multiple calls to the sheriff’s office went unanswered, including those to the General Counsel’s office.

Despite the lack of communication, the Suffolk Sheriff’s Office continues to operate efficiently. The state Comptroller’s office lists the sheriff’s office as having an employee head count of 1,009, including over 300 corrections officers working this weekend. The top salary last year was $305,437, with 19 others earning more than $200,000. Tompkins earned $215,430 in 2023, with additional payments for leave buy back and other expenses.

Tompkins, who was arrested in Florida, did not answer his phone on Friday. Calls to his executive office went unanswered as well. The absence of communication raises questions about who is currently running the Suffolk Sheriff’s Office. With the sheriff’s office operating smoothly despite the uncertainty, it highlights the resilience of the department's structure and personnel.