McGivern to remain Strafford County sheriff until 2024 election if delegation approves

DOVER — Joseph McGivern, the acting sheriff of Strafford County, could be approved to remain in the position until the election in November.

The Strafford County state representatives delegation's Executive Committee will vote on who should fill the remainder of the two-year term vacated after the resignation of Mark Brave, who is facing eight felony charges.

The meeting will be on Friday, March 1, at 9 a.m. in the William Grimes Justice and Administrative building, 259 County Farm Road, Dover.

Acting Strafford County Sheriff Joe McGivern
Acting Strafford County Sheriff Joe McGivern

When Brave left office in 2023, following his arrest in August, Chief Deputy McGivern was appointed.

Strafford County Commission Chair George Maglaras said McGivern was the only candidate to submit his name after the delegation opened up the position in January.

Maglaras said if the delegation's Executive Committee approves McGivern, the matter will proceed to the full delegation at their meeting on March 20.

"If approved, he will then serve until Oct. 24, actually his birthday," said Maglaras. "Then he will serve in a holdover capacity till the new sheriff is elected (Nov. 5), and we will swear in the new sheriff right afterward."

"By law, if a sitting sheriff vacates the office or dies and it is more than one year before the end of his term, the delegation is required to replace him," McGivern said. "If it is less than a year, they have more discretion. Mark Brave left in August but did not submit his resignation until December so there was no immediate urgency. They put out a public notice for candidates in January, and I think I am the only candidate."

McGivern's birthday becomes relevant because he will turn 70. By state statute that prohibits him from seeking the appointment on a more permanent basis, so he will not run for election for the next two-year term.

Brave submitted his resignation Dec. 12 in Rockingham County Superior Court after securing the services of attorney Leif Becker to represent him. He was in court that day because the state had moved to revoke his bail on the eight felony counts he is facing because he was not living in New Hampshire as required. His resignation as sheriff made where he lived less relevant.

Brave, 38, has been free on bail since August, when he was charged with using $19,000 in county funds to pay for trips involving his extramarital affairs and lying about it to a Strafford County grand jury. He had been on paid leave as sheriff.

Brave was initially charged in August with one count of theft by deception (a Class A felony), two counts of falsifying physical evidence (Class B felonies) and five counts of perjury (Class B felonies).

In November, prosecutors alleged Brave committed two additional felonies, theft by deception and perjury. They allege he wrongly accepted $10,761.10 in pay as sheriff while residing in Massachusetts, which violated his bail order and a requirement county sheriffs live in New Hampshire. They also said he lied about his finances under oath on his application for a court-appointed attorney.

This article originally appeared on Fosters Daily Democrat: McGivern poised to remain Strafford County sheriff until election