AUGUSTA — The governor’s legal counsel says that Gov. John R. McKernan does not have the authority to remove Somerset County Sheriff Spencer R. Havey from office based on his failure to implement a policy that county residents believed had been in place since February.

But the man who spearheaded a petition drive requesting Havey’s ouster said that McKernan’s attorney apparently did not take all the complaints brought to him into account.

“It’s not just because he didn’t implement the policy that we want him impeached,” said Athens resident Paul Vitalone. “It’s because he lied. In February, Havey said the policy was going into effect immediately. And then we found out it wasn’t put into effect at all.”

Vitalone served as a citizen member of the committee that Havey formed to create the barricaded persons policy.

In a letter to Vitalone, attorney John D. Devine wrote, “I understand that you seek the removal of Sheriff Havey … for his failure to implement a `barricaded-persons’ policy. I have informed the governor of my opinion that he does not possess the authority to initiate the relief your complaint seeks. My opinion stems from the fact that Sheriff Havey is not currently under any legally imposed duty to implement a `barricaded-persons’ policy with the Somerset County Sheriff’s Department.”

Vitalone said he was bitterly disappointed with his efforts to impeach the sheriff. He said he hand-delivered a petition to the governor’s office two weeks ago.

“The 400 signatures on the petition didn’t just request Havey’s removal; we asked for a complete investigation,” he said.

Vitalone said the communication from Devine led him to believe the issue was dead-ended.

“We went to our legislators and we got no response. We went to the county commissioners and they said it wasn’t their job. We went to the governor and they dismiss us. I guess we have come full circle, back to the people and their single vote each,” said Vitalone.

“This is a county divided within itself,” said Vitalone. “It is not proper for the police of this state to be above the law.”

After it became public that Havey had not implemented the policy, attorneys on the committee that created the policy began resigning, stating that they felt betrayed and used.

When questioned last month regarding the policy, Havey said deputies had not had a chance to review it. In following interviews, however, Havey would not comment on the policy at all, instead referring all questions to the attorney for the sheriff’s department. Havey then disbanded the committee and canceled a scheduled final meeting.

Devine, however, said in his letter to Vitalone that he would encourage Havey to finalize and issue the barricaded persons’ policy soon.

Telephone calls to Havey at the Somerset County Sheriff’s Department Monday were not returned.