Hatch Act Violation Wouldn't Necessarily End Casey's Campaign

If firefighter and Sept. 11 primary victor Stephen Casey is ruled to have violated the Hatch Act, remedies are not limited to ending his candidacy, according to a spokeswoman from the the US Office of Special Counsel.

Rep. Jon Brien (D-Dist. 50) filed a Hatch Act complaint against Casey yesterday morning, claiming he violated the law as a candidate working for the Woonsocket Fire Department, which accepts federal funding for training.

The Hatch Act limits political activities of federal employees on and off duty. Casey's campaign, which won against Brien by a 52-vote majority, might have violated the Hatch Act if his job as a firefighter directly benefited from federal funding.

Ann Hanlon, spokesperson for the OSC, said there are three likely potential solutions in the event Casey is ruled to have violated the Hatch Act:

• End his candidacy
• Quit his job
• Shift his job duties so they no longer conflict with the Hatch Act.

Hanlon said that with a short staff and backlogged cases, a speedy decision on Brien's complaint is not likely. "It can be a matter of months before there's a determination made," Hanlon said.

If Casey is found to have violated the Hatch Act after he has already won the election, Hanlon said, the issue of his candidacy would no longer be considered an active violation. "So what we would usually do in that case is send them a warning letter," Hanlon said.

Hanlon said the OSC has no authority to remove an elected official from office. 

Hanlon said often with state cases, violations of the Hatch Act are not willful. Were a violation found to be willful, she said, the office could fine the state or locality up to twice the salary of the candidate in question.

"I'm confident that this holds no water," Casey said when asked about Brien's complaint during Thursday afternoon's Budget Commission meeting, where the primary winner was a member of the audience. 

Casey said he has received no notice of the complaint from Brien, but he said he intends to seek a legal opinion on the matter when he does receive it. 

Meanwhile, Casey said he's continuing to campaign for office for the Nov. 6 election, meeting with people and knocking on doors, "Just like I did in September (the Sept. 11 primary campaign)."