ProgressOhio

A federal investigation is being opened into the actions and comments of Lee County Sheriff Mike Scott at a rally for Gov. Sarah Palin in Estero on Monday.

Erica S. Hamrick, senior attorney at the U.S. Office of Special Counsel, wrote in an e-mail to a third party that her office will be investigating under the Hatch Act, which governs political activities of certain elected officials.

The complainant stated the sheriff violated that act because the sheriff’s office receives federal money, engaged in political activity while on duty, engaged in political activity while in uniform, wore political buttons while on duty and used political influence or authority to interfere with an election.

The U.S. Office of Special Counsel addresses the Hatch Act as it pertains to local officials on their Web site, which states the following:

“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 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.

“Employees of private nonprofit organizations are covered by the Hatch Act only if the statute through which the organization receives its federal funds contains language which states that the organization shall be considered to be a state or local agency for purposes of the Hatch Act, e.g., Headstart and Community Service Block Grant statutes.

“An employee’s conduct is also subject to the laws of the state and the regulations of the employing agency. Additionally, employees should be aware that the prohibitions of the Hatch Act are not affected by state or local laws.”

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