Brownsville to see if Hatch Act violated
BROWNSVILLE – Allegations were leveled Tuesday that a seated borough councilman and candidate for re-election might have violated the Hatch Act prohibiting certain government employees from running for office. During public comment, Libby Heyges noted that the Hatch Act, prohibiting executive branch federal employees from engaging in political activity, also extends to certain state and municipal employees. “I’ve been in touch with the Office of Special Counsel in Washington, D.C.,” Heyges said.
Heyges contends that Councilman Tom Bush, who arrived at the borough building just after the council meeting ended, legally cannot run for office while serving as a part-time borough police officer.
Bush denies any wrongdoing, saying he contacted the state Ethics Commission before running for office and was told there is no conflict. Bush works as a part-time police officer for Brownsville Borough and as a part-time police officer for the Intermediate Unit 1.
The Hatch Act applies to state or municipal programs financed in whole or in part by federal funds:
“The Hatch Act applies to executive branch state and local employees who are principally employed in connection with programs financed in whole or in part by loans or grants made by the United States or a federal agency. Employees who work for educational or research institutions or agencies which are supported in whole or in part by a State or political subdivision of the State are not covered by the provisions of the Hatch Act.”
Under the Pennsylvania Borough Code Section 1104, borough employees, including police officers, are only prohibited from running for local office if there are more than 3,000 residents in the municipality.
“No elected borough official of a borough with a population of 3,000 or more may serve as an employee of that borough” the section states.
According to the last census, Brownsville has 2,804 residents.
It is unclear under the Hatch Act, however, if that exemption would protect Bush:
“Additionally, employees should be aware that the prohibitions of the Hatch Act are not affected by state or local laws.”
“If I have to resign from my jobs, I will. I’m not going to let them bully me out of office. The people of this town voted me in,” Bush said.
Heyges said there are also laws prohibiting uniformed or off-duty police officers from being within 100 feet of a polling place, a restriction she said applies to candidates if they are police officers also.
“I was up there with everybody else. If I’m guilty of it, we all are,” Bush said regarding campaigning too close to a polling place.
Solicitor Michael Garofalo of Davis and Davis said he would research the matter and give council an opinion on whether the Hatch Act applies in this instance.