A Sheriff's Candidate Files a Protest

Challenger Reece claims the incumbent Sheriff violated the Federal Hatch Act.

In a recent Dayton Daily News article it was reported that Republican Sheriff Candidate Paul Reece has filed a complaint against the incumbent Sheriff Dave Duchak alleging Hatch Act violations. The complaint was filed with the Miami County Board of Elections and included accusations of Duchak and others circulating nomination petitions on his behalf while on duty in government buildings, and possibly using government vehicles. Mr. Reece claims that these actions are in direct violation of the Federal Hatch Act. In order to understand the nature of the complaint, it’s helpful to understand the Hatch Act itself.

The Federal Hatch Act, enacted in 1939, plays a pivotal role in maintaining the integrity and impartiality of government functions by regulating the political activities of government employees. This legislation was a response to longstanding concerns about the intermingling of political activities with public service duties.

Overview of the Federal Hatch Act

The Hatch Act was established to limit the political activities of federal employees, employees of the District of Columbia government, and certain employees of state and local governments, particularly those involved in programs financed by federal loans or grants​​. This includes employees in public health, public welfare, housing, urban renewal, employment security, law enforcement, and several other areas​​.

Permitted and Prohibited Activities

Generally speaking, state and local employees covered by the Hatch Act may engage in some political activities, such as being a candidate in a nonpartisan election, campaigning for candidates in both partisan and nonpartisan elections, contributing money to political organizations, and attending political fundraising functions. However, they are prohibited from undertaking actions such as using their official authority or influence to interfere with election results or coerce contributions for political parties or candidates​​.

Penalties for Violation

The Federal Merit Systems Protection Board (MSPB) is tasked with determining the penalties for Hatch Act violations. If a violation is deemed severe enough to warrant dismissal, the employing agency must either dismiss the employee or forfeit federal assistance equal to two years of the employee's salary. If the violation is not considered severe enough for dismissal, no penalty is imposed​​.

Past Complaints

There have been in the past, instances where federal and state officials have either violated the Hatch Act, or at least have had complaints filed against them.

Marcia Fudge, as Housing and Urban Development Secretary, violated the Hatch Act during a White House press briefing where she commented on the Ohio Senate race, showing support for her party while in an official capacity. This case highlights how remarks made in an official role, which favor a political party or candidate, can constitute a violation. Fudge was issued a warning by the Office of Special Counsel, with the implication that further violations could lead to more severe consequences​​.

Last August, the Libertarian Party of Ohio filed a complaint against Secretary of State Frank LaRose alleging Hatch Act violations. LaRose was accused of using his office and federal election funds to influence an Ohio election outcome. Although the final outcome of this complaint is still pending, it underscores the Act's application in scenarios where state officials are perceived to use their authority or resources in a politically biased manner​​.

In summary, the Hatch Act's provisions play a crucial role in delineating the boundaries between public service duties and political activities for government employees. While it allows certain forms of political participation, it clearly prohibits activities that could conflict with the impartial and effective functioning of government services. The Act's enforcement is essential to uphold the principle of nonpartisan public service and maintain public trust in government operations.

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