Philip's latest letter is yet another attempt to convince the 222 people who read his website that someone actually cares about his opinion.From Austin :
"..I am a lawyer from Austin, Texas. I agree with your assessment of the Hatch Act. Any city, county or state employee must resign from their position if they are running for public office or face the provisions in the act. <> I am very surprised that your district attorney did not follow this. You should be commended from pointing it out.
Answer : Thank you very much. I had help. I am learning - and have two great lawyers in Washington helping me. We will have a story this week.
Apparently one of Philip's personalities has now gone to law school. Lets see:
I agree with your assessment of the Hatch Act. Any city, county or state employee must resign from their position if they are running for public office or face the provisions in the act.
Any lawyer worth his salt would know that there are any number of exceptions to the application of the Hatch Act to state and local employees. The Office of Special Counsel (not the U.S. Attorney's Office) has issued guidelines found HERE that clearly indicate state and local employees:
| |
| may hold elective office in political parties, clubs and organizations. EXAMPLE: An employee may serve as the vice president of the local Democratic or Republican party. | |
| may be appointed to fill a vacancy for an elective office. EXAMPLE: An employee may be appointed to finish the unexpired term of an elected officeholder. The employee may not run for reelection if the election is partisan. | |
| may actively campaign for candidates for public office in partisan and nonpartisan elections. EXAMPLE: An employee may campaign for candidates by making speeches, writing letters, working at the polls on election day and organizing political rallies and meetings. | |
| may contribute money to political organizations. EXAMPLE: An employee may make a monetary contribution to any candidate, political party, club or organization. | |
| may attend and give a speech at a political fundraiser, rally or meeting. EXAMPLE: An employee may attend and give a speech or keynote address at a political fundraiser. |
Even more on point is a recently released OSC advisory opinion stating that The Hatch Act does NOT apply to a sheriff's department captain who worked in an office that utilized equipment purchased with federal grants. The OSC noted that "only those employees who apply for the federal grants, purchase the equipment, or supervise employees engaging in those activities are subject to the Hatch Act."
Again, a real lawyer would know this.
Ah, but our taradiddling private detective doesn't stop there.
I am very surprised that your district attorney did not follow this
Still pissed about Tom 'Manes' aren't 'we'? If only you had spelled his name right. Your Washington lawyers of course have told you that the OFFICE OF SPECIAL COUNSEL is responsible for enforcing the Hatch Act, NOT the local DA.
But, in the end, never underestimate Philip Klein's ability to give himself away.
You should be commended from pointing it out.
It should be "FOR pointing it out." Philip. Perhaps you might consider auditing a few English classes at C. O. Wilson Middle School before attending law school.
