Oh Crap

In this posting, Philip R. Klein bankrupts his bag of tricks and resorts to the standard SET Political Review formula for short fiction.

For a previous example, see my commentary on Philip's article of January 12, 2010, where Klein accused Jefferson County District Attorney Tom Maness of campaign law violations. The title of PRK's story: "Oh Crap."

Part 1 of the SETP formula - a vague reference to a purported investigation of allegedly illegal activities:

Legal Beagles across Texas have begun to toy with the idea that some of the elections this past week could be overturned with a little known law called the "Hatch Act" which clearly states that State and Local city employees who run for office must resign if their position or department receives federal funds.

Though Klein professes ignorance of the Hatch Act, I distinctly remember studying the Hatch Act in high school civics and two government classes in college. I suspect most high school graduates know of the U.S. Office of Special Counsel (OFC), who administers the act. I remember them from 2008, when the FBI raided their offices during the Bush Administration. 

Part 2 - quote a dubious source:

So we called Washington DC - and asked the question at the United States Attorneys office. "The Hatch act clearly states that if federal funds are being used by a government agency any employee is precluded from running for office unless they take a leave or quit," said the spokesperson.

Perhaps Philip meant the US Department of Justice or the US Attorney General's office, although it's not relevant. Had Klein really called, he would have been referred to the OFC, who is responsible for prosecuting all violations of the Hatch Act. The Attorney General's office has enforced the OFC's jurisdiction. 

Part 3 - Reference (sometimes spurious) documents in Philip's possession.

And then we were referred to a flyer and about fell out of our chair after reading it.

So read this and get shocked : 

http://www.osc.gov/documents/hatchact/ha_sta.pdf

Part 4 of the PRK formula: make an unfounded accusation based on miscomprehension or deceptive intent.

The bottom line - now that we know - IF YOU RUN FOR OFFICE IN JEFFERSON COUNTY AND YOU ARE AN EMPLOYEE OF A GOVERNMENT AGENCY IN EITHER AN ELECTED FORM OR HIRED FORM YOU MUST RESIGN FROM YOUR POST WHILE YOU ARE RUNNING FOR OFFICE IF YOUR OFFICE AND OR COUNTY RECEIVES A DIME IN FEDERAL FUNDS.

Compare Philip's interpretation with the language of his source document:

Who is covered by the Hatch Act:

• Executive branch employees in any agency of a state or local government whose principal employment is in connection with an activity financed in whole or in part by federal loans or grants are covered by the law.

Who is not covered by the Hatch Act:

• Individuals who exercise no functions in connection with federally financed activities
• A duly elected head of an executive department of a state or municipality who is not classified under a state or municipal merit or civil service system; and
• An individual holding public elective office. The latter exemption applies only when the elective office is the position which would otherwise subject the employee to the restriction of the Hatch Act.

Part 5 - Reinforce the notion of an "investigation":  

We will see if the AG's office comes to Jefferson County for a visit.

If the Attorney General's office visits Jefferson County, the purpose will not be contrived violation of the Hatch Act. They have no jurisdiction over violations.

Out of the thousands of states, cities, municipalities, and elected boards in the U.S., the OFC registered only 445 complaints nationally during the election year of 2008. 

If Klein's accusations are indeed true, they he can easily file a complaint with the OFC.  We'll revisit many times, I'm sure.

On an ancillary note, is it coincidence that Klein published an entire paragraph in all caps today after my article from yesterday (see below)?