The Hatch Act and the Montco DA's Office: The Sequel

Last August I wrote a blog post about the Hatch Act and problems with assistant district attorneys running for office. This has become an issue in the 151st state house race.

From the inbox:

The Montgomery County Democratic Committee (MCDC) has asked the Office of Special Counsel (OSC) in Washington, DC to issue an advisory opinion on whether Todd Stephens, the Republican candidate for the 151st legislative district seat, is violating the federal Hatch Act by running for partisan political campaign.

The Hatch Act applies to executive branch state and local employees who are principally employed in connection with programs financed in whole or in part by loans or grants made by the United States or a federal agency.

At the same time, MCDC Chair Marcel Groen called for Stephens to cease his campaign, resign from the District attorney staff or be fired by DA Risa Vetri Ferman.

In its request, MCDC contends that as the Assistant District Attorney in charge of the Montgomery County District Attorney’s Sex Crimes Unit, Mr. Stephens works closely with the Internet Crimes Against Children (ICAC) Task Force. The Task Force, according to the District Attorney’s website, is funded by the United States Department of Justice. In this capacity, Mr. Stephens makes public presentations, funded in part by federal funds, at venues throughout Montgomery County , including those in the 151st District.

“It seems there are three choices here,” Groen said. “Either Mr. Stephens ends his partisan campaign, resigns from the district attorney’s office or his terminated by Ms. Ferman. One of these should immediately before this critical program supported by federal funds is threatened.

“Mr. Stephens is ignoring the law as he campaigns for himself and at the same time administers a program supported by federal funds,” said Groen. “Mr. Stephens should be aware of the law, and should be held to a higher standard.”

In a similar case, the OSC wrote: “Covered employees are those whose principal employment is with a state, county or municipal executive agency, and whose job duties are “in connection with” programs financed in whole or in part by loans or grants made by the United States or an agency thereof..”

In his letter to the OSC, Groen asks the agency to look into the issue immediately since the November 4 election is only four months away.

According to the OSC website, state and local employees deemed to be covered by the Hatch Act may not:

* be candidates for public office in a partisan election
* use official authority or influence to interfere with or affect the results of an election or nomination
* directly or indirectly coerce contributions from subordinates in support of a political party or candidate

If the OSC finds that the violation warrants dismissal from employment, the employing agency must either remove the employee or forfeit a portion of the federal assistance equal to two years salary of the employee. If the Board finds the violation does not warrant the employee's removal, no penalty is imposed.