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OGDEN -- Ogden's police chief, mayor and city council face some tough choices after a federal administrative law judge issued an opinion that the chief violated a federal act by running for the state Senate.
Sen. Jon Greiner, R-Ogden, has until April 1 to appeal the opinion, resign or see federal funds equal to two years of his salary withheld from Ogden City. Greiner has said he would abide by whatever decision Ogden's mayor and city council make.
The Hatch Act restricts government workers from running for office when their agencies receive federal funds, depending on how insulated those workers are from the money.
Greiner's attorney Jim Bradshaw called the ruling a hyper-technical interpretation of an outdated law. "We're obviously really disappointed in the decision," he told KSL Newsradio Tuesday. "It's very unfair to the city of Ogden and Chief Greiner."
Greiner could face more trouble, depending on whether he proceeds with his 2010 re-election campaign. Bradshaw says another opinion from a federal special counsel suggests another run for the Senate seat could be another violation of the Hatch Act.
"This is a prime example of the federal government telling the citizens of Utah who can and cannot run for office," Bradshaw said.
While it remains unclear how the city and Greiner will proceed, city officials are expressing support for the police chief.
"This isn't the reason the Hatch Act was instituted decades ago," Ogden chief administrative officer John Patterson said in a phone interview with KSL Newsradio Tuesday. "To have it imposed upon our chief is just inappropriate and wrong."
The Hatch Act was implemented in 1939. It was aimed at corrupt politics and prohibited federal civil servants from running for office. The act was expanded several times, first to include state and local employees who draw more than half their salary from federal money, then to cover others who handle federal grants.
Federal funds account for less than 1 percent of the Ogden police budget, city officials and Bradshaw said.
"There is no impropriety in the federal funds coming to purchase police vests for our police officers," Patterson said. "There is no way that the chief can parlay that into political favors or votes."
E-mail: aadams@ksl.com
