Hatch Act issue unclear in Sebastian County Sheriff race

As it often is in politics, opinions about a possible federal Hatch Act violation at the Sebastian County Sheriff’s Office are divided along party lines.

Tommy Young, chief deputy at the Sheriff’s Office and Republican candidate for Sebastian County Sheriff, and Sebastian County Judge David Hudson, also a Republican, say there is no problem with Young being an employee and a candidate for a county department that receives federal funds.

Bill Hollenbeck, the Democratic candidate for Sebastian County Sheriff, and Sebastian County Democratic Party Chairman Lee Webb have a different opinion of the issue. Webb is also a member of the Sebastian County Quorum Court.

According to the federal Office of Special Counsel, the Hatch Act “restricts the political activity of individuals principally employed by state or local executive agencies and who work in connection with programs financed in whole or in part by federal loans or grants.”

Also, the Sebastian County personnel manual notes that “employees of any County Department which is financed in whole or in part by federal funds” is not eligible to be a candidate “for elective office in a partisan primary, special or general election.”

If a Hatch Act violation is determined by a federal board, “the employing agency must either remove the employee or forfeit a portion of its federal assistance equal to two years salary of the employee.” Depending on the circumstances, the violating agency — in this case, Sebastian County — could jeopardize future federal funding.

Federal support of the Sheriff’s Department includes money to house inmates, vehicles and other property from federal forfeiture programs, and grants to pay for overtime.

Hudson said he and Bob Dornblaser, human resources director for the county, reviewed the issue and did not see a problem. They said Young does not oversee activities that are federally funded.

“It comes down to the duties, to his (Young’s) duties,” Hudson explained, adding that ultimately Young “is not under my supervision” and he therefore can’t force Young to do anything.

Young says he doesn’t “supervise anything that’s federal funded” at a department that employs about 150. He said the law is unclear, and that it “would probably take some attorneys to sit down and go through it” to determine if the law applies to him.

“What? He’s the chief deputy. He supervises everything,” was Hollenbeck’s response when told of Young and Hudson’s explanation.

Hollenbeck said not putting the department in jeopardy of a Hatch Act violation was the primary reason he took a leave of absence from the Sheriff’s Department when he announced his candidacy in September 2009. Hollenbeck is a 19-year veteran of the department, and was a captain prior to September.

“Not only that (Hatch Act), but it’s the fact that it puts the people working there (Sheriff’s Department) in a bad situation. It’s best for the community and the department for me or him not to get paid and work there during a campaign,” Hollenbeck said. “Is it a clear violation? I think so. But even if it’s not, I think the ethical thing is to step down, and that’s what I did.”

Webb found it odd that Young says he does not supervise anything federally funded, but has talked to the press about what he is doing to correct the causes behind several recent escapes from the jail. Webb said the U.S. Marshals pay the department to house inmates at the jail.

Young said the Marshals do pay the department to house inmates, but it’s a “payment for a service” and not a direct payment.

“After going through this with Bob (Dornblaser), I don’t see any problem with it,” Young said.

The county’s personnel manual nor the Office of Special Counsel contained any language that spoke to differences between payment for services and direct payments as it relates to the Hatch Act.

“When the Sheriff is out, who is in charge? That’s the question you have to ask. And if you read the personnel manual, it’s pretty clear on that. I think the county should follow our personnel policy,” Webb said.

As a Quorum Court member, Webb said, he approached Hudson with his concerns about the county risking federal funds. As the Democratic Party chair, Webb said he is not sure of the next move.

“Being in my elected position (Quorum Court), I don’t like seeing the county in a bad light, and this story puts us in a bad light,” Webb said. “From the party standpoint, I’m not real sure what we can do.”

(The City Wire plans to follow this story with comments from the U.S. Attorney’s office.)