Hatch Act Could Pose a Problem for Ma...
McDowell Taxpayer

Lyman, SC

#22 Feb 4, 2010
Question All Authority wrote:
Bravo to Taxpayer.
If I understand the act correctly, if any agency receives federal dollars that agencies employees are subject to the Hatch Act BUT FOR School Systems. So the question is, Do McDowell County and McDowell Technical Community College receive any federal funds. Remember the EMS and DSS are part of the county services. I think the answer is evident. That exempts Buff but puts others in the cross hairs. Looks like Mr. Webb may have to choose to seek employment elsewhere if he is employed by the DSS and the DSS receives federal money in some form or fashion, same for Mr McPeters if he is an employee of the local EMS and it receives federal funds and ditto for Mr. Lavender at mcDowell Tech.
Actually QAA this all stemmed from Progress Marion and Vinny on another thread, I just ran with it and started doing some research.

Since: Nov 09

Location hidden

#23 Feb 4, 2010
I talked to Erica today who is with the Hatch Act Unit of the OSC. We had a good conversation, and I learned alot more about the Hatch Act and its application. The Hatch Act is very FACT specific piece of legislation, and is considered on a case by case basis. It is tied to federal dollars, usually in the form of grant monies from the federal government. I specifically spoke to her about Vic Hollifield running for Sheriff in Mitchell County in a partisan election, while still in the employee of the McDowell County SO. I can't go into all the details here, but it was interesting in the sense that if a case was established, Vic's supervisor would also be in violation too. Anybody know who Vic's supervisor is? Hello Dudley.
cobra302

Lyman, SC

#24 Feb 4, 2010
boomslang, were the other posts on here regarding its wordage truthful based on what Erica said at the OSC?
McDowell Taxpayer

Lyman, SC

#25 Feb 4, 2010
This looks like Webb - have to resign his current status with DSS and DiSanto in order to run.

Dudley would have to resign to run since he was not previously elected by a primary or normal vote.

Others too with either resign their jobs or not run, its plain and simple.

Some of have maintained jobs may have to be dismissed and their employer fined 2x their salary back to the federal government.
i call bs

Lyman, SC

#26 Feb 4, 2010
i say there is no act at all and this is orchestrated by boomslang and his crew of merry helpers.
Huh

Greenville, SC

#27 Feb 4, 2010
Question All Authority wrote:
Bravo to Taxpayer.
If I understand the act correctly, if any agency receives federal dollars that agencies employees are subject to the Hatch Act BUT FOR School Systems. So the question is, Do McDowell County and McDowell Technical Community College receive any federal funds. Remember the EMS and DSS are part of the county services. I think the answer is evident. That exempts Buff but puts others in the cross hairs. Looks like Mr. Webb may have to choose to seek employment elsewhere if he is employed by the DSS and the DSS receives federal money in some form or fashion, same for Mr McPeters if he is an employee of the local EMS and it receives federal funds and ditto for Mr. Lavender at mcDowell Tech.
Don't think it exempts mr buff. believe exemption may be for education positions, not education system
Trouble Maker

Prairie Du Chien, WI

#28 Feb 5, 2010
Hatch Act: Who is Covered?

Federal Employees

All civilian employees in the executive branch of the federal government, except the President and the Vice President, are covered by the provisions of the Hatch Act. Employees of the U. S. Postal Service and the District of Columbia, except for the Mayor of the District of Columbia, the District of Columbia’s City Council and the District’s Recorder of Deeds, are also covered by the Act. Part-time employees are covered by the Act. Federal and District of Columbia employees subject to the Hatch Act continue to be covered while on annual leave, sick leave, leave without pay, or furlough. However, employees who work on an occasional or irregular basis, or who are special government employees, as defined in title 18 U. S.C.§ 202(a), are subject to the restrictions only when they are engaged in government business.

Federal employees fall within two categories under the Hatch Act, Further Restricted and Less Restricted.

Since: Nov 09

Location hidden

#29 Feb 5, 2010
cobra302 wrote:
boomslang, were the other posts on here regarding its wordage truthful based on what Erica said at the OSC?
Yes, for the most part. Like I said, the act is very fact specific. The key will be the amount and type of federal dollars that have been obtained by the county and for what purpose.
Vinny

Lincolnton, NC

#30 Feb 5, 2010
Trouble Maker wrote:
Hatch Act: Who is Covered?
Federal Employees
All civilian employees in the executive branch of the federal government, except the President and the Vice President, are covered by the provisions of the Hatch Act. Employees of the U. S. Postal Service and the District of Columbia, except for the Mayor of the District of Columbia, the District of Columbia’s City Council and the District’s Recorder of Deeds, are also covered by the Act. Part-time employees are covered by the Act. Federal and District of Columbia employees subject to the Hatch Act continue to be covered while on annual leave, sick leave, leave without pay, or furlough. However, employees who work on an occasional or irregular basis, or who are special government employees, as defined in title 18 U. S.C.§ 202(a), are subject to the restrictions only when they are engaged in government business.
Federal employees fall within two categories under the Hatch Act, Further Restricted and Less Restricted.
The section regarding state and local employees is the one that would apply to McDowell Co.
McDowell Taxpayer

Lyman, SC

#31 Feb 5, 2010
You are correct Vinny.

The way I interpret it, is that any location receiving federal monies of any type would mean their employees fall under the Hatch Act?

Is 911 money not federal? EMS, Paid Fire and Rescue Squad, and communication employees?

As well as "most" of our school system as they to receive federal money, thought some appear exempt.

Only NON-PARTISAN seats would not apply as far as I can tell.
Vinny

Lincolnton, NC

#32 Feb 5, 2010
boomslang wrote:
<quoted text>
Yes, for the most part. Like I said, the act is very fact specific. The key will be the amount and type of federal dollars that have been obtained by the county and for what purpose.
Andy is listed as Community Outreach director in the DSS staff directory. I could not find a job description for that position in McDowell Co. but in Buncombe Co. community outreach handles Medicaid payments in certain cases.
Does anyone know when Webb started at DSS? Did he replace someone or did he fill a newly created position?
McDowell Taxpayer

Lyman, SC

#33 Feb 5, 2010
Also last week :

Vance, a multi-term commissioner and longtime employee of county-operated the Sullivan County Emergency Medical Service (EMS), filed the necessary paperwork last month to challenge incumbent Mayor Godsey in the Republican Party’s primary in May.

Vance had initially picked up a petition to seek re-election to the County Commission, but later picked up and subsequently filed the paperwork to run for the Republican nomination for county mayor.

Vance’s name was among four names Godsey asked the OSC to look into regarding the Hatch Act. The others were:

•Alan Bagley, a health department employee who picked up paperwork to try and get his name on the ballot for the Republican primary for county commissioner in District 7.

•County Commissioner Linda Brittenham, who has filed to seek re-election in District 4 as an independent. She works for the health department.

•Bobby Russell, a sheriff’s office employee who had picked up paperwork to run in the Republican primary for county commissioner in District 9.

Russell was among the seven would-be candidates Anderson met with last week and told they had to choose between keeping their jobs or running for office.
Vinny

Lincolnton, NC

#34 Feb 5, 2010
McDowell Taxpayer wrote:
You are correct Vinny.
The way I interpret it, is that any location receiving federal monies of any type would mean their employees fall under the Hatch Act?
Is 911 money not federal? EMS, Paid Fire and Rescue Squad, and communication employees?
As well as "most" of our school system as they to receive federal money, thought some appear exempt.
Only NON-PARTISAN seats would not apply as far as I can tell.
It depends somewhat on the level of participation the employee has in distributing the federal funds too. The threshold seems fairly low though. In reading some of the example rulings it seems very likely that some violations have taken place.
McDowell Taxpayer

Lyman, SC

#35 Feb 5, 2010
cont'd

Last week, Godsey told the Times-News he has a fiduciary responsibility to raise Hatch Act questions because of a potential for the county to lose federal dollars.

When an employee is found to be in violation of the Hatch Act, federal authorities give the employer an opportunity to “terminate” employment or risk losing future federal funding equal to up to two years salary for the employee in question, County Attorney Dan Street said last week.
Vinny

Lincolnton, NC

#36 Feb 5, 2010
McDowell Taxpayer wrote:
cont'd
Last week, Godsey told the Times-News he has a fiduciary responsibility to raise Hatch Act questions because of a potential for the county to lose federal dollars.
When an employee is found to be in violation of the Hatch Act, federal authorities give the employer an opportunity to “terminate” employment or risk losing future federal funding equal to up to two years salary for the employee in question, County Attorney Dan Street said last week.
Sounds like Chuck would be wise to consult Fred Coats to make sure McDowell isn't going to be penalized.
MT you have done some great research on this. I really think this is going to bring some changes.
McDowell Taxpayer

Lyman, SC

#37 Feb 5, 2010
I agree; this ruling also gives leverage to force the issue since there is an outside agency that HAS TO respond to request for investigations.
McDowell Taxpayer

Lyman, SC

#38 Feb 5, 2010
Also, I think Andy Webb would need to resign his PAID position with DSS if he files, and/or Phillip Hardin would need to terminate him to protect the County's interest.

I personally think if Fred Coats were doing his job effectively he should have been the one warning of this and cautioned all along. I think he has been lazy (like most of the other administrators in Marion / McDowell) as well; possibly resulting in the county being in violation now.

Topix researchers and poster should not have been the ones telling our local government and Board of Elections about this Act and/or violations.

“Progress for Marion / McDowell”

Since: Nov 09

East Marion

#39 Feb 5, 2010
In what I am reading and researching it appears that Dudley Greene would need to step down and resign, allowing the Republican Party to appoint another interim Sheriff in order for Dudley to officially run for Sheriff.

This is because he has never won a general election by the voters of McDowell. He is not running for re-election as some including the McDowell News want to make it appear.

Its already been stated but is our local Board of Elections not going over this Hatch Act thoroughly with candidates who indicate they are employed by a government agency?
WEBB MUST GO

United States

#40 Feb 5, 2010
Does the Hatch Act only apply to federal employees?
Vinny

Lincolnton, NC

#41 Feb 5, 2010
WEBB MUST GO wrote:
Does the Hatch Act only apply to federal employees?
No. It also applies to state and local government employees and agencies who handle federal funding (which includes several McDowell County departments like DSS, EMS, Sheriff's Dept. as well as Foothills Industries, McDowell Tech and McDowell County Schools).

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