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08-16-2020, 08:18 AM #1UnregisteredGuest
Hoffman is in Direct Violation of Hatch Act
The Hatch Act prohibits Kurt Hoffman from campaigning on-duty, and he is also prohibited from wearing the uniform while campaigning. He should have taken a leave of absence but Sheriff Knight told him we would allow him to violate the law??? WTF? How can Knight pick and chose who he allows to break the law? Why isn’t the media asking this question?
https://www.floridatoday.com/story/o...form/91344928/
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08-16-2020, 01:15 PM #2UnregisteredGuest
Florida's incumbent sheriffs' can legally campaign in uniform, but deputies (aka "employees") cannot. An elected Constitutional officer is not an "employee" per se. Please read FSS 110.233(4)(a) for more information.
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08-16-2020, 01:48 PM #3UnregisteredGuest
- Florida's resign-to-run law is entirely separate from the federal “Hatch Act.” (5 U.S.C. §§ 1501-1508).
. - The federal 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. The Act prohibits a state, county, or municipal employee from being a candidate for public office in a partisan election if the employee’s salary is completely funded with federal dollars. It is only when the covered employee’s entire salary is paid from federal funds that the employee would have to resign under the Hatch Act before becoming a candidate for partisan office. See 5 U.S.C. § 1502 (Hatch Act Modernization Act of 2012 (eff. 1.27.2013).
- Florida's resign-to-run law is entirely separate from the federal “Hatch Act.” (5 U.S.C. §§ 1501-1508).
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08-16-2020, 01:54 PM #4UnregisteredGuest
Since an incumbent is not running for Sarasota sheriff, Mr. Hoffman does not need to resign-to-run. Look on page 8 here:
https://dos.myflorida.com/media/6938...r-handbook.pdf
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08-16-2020, 05:07 PM #5UnregisteredGuest
You are referring to “resign to run” not the Hatch Act.
For example, if an employee works for a state agency and his or her principal work is in an area which is funded in part by a federal agency, then the Hatch Act would prohibit that employee from running for a partisan office. Law enforcement officers seeking to run for public office should be aware that if their law enforcement agency receives federal funding (e.g., Department of Homeland Security grants), then their candidacy for a partisan office may be subject to the Hatch Act prohibitions.
Since Ron Turner does not spell it out on his website;
https://www.votepinellas.com/Candida...ign-to-Run-Law
Sarasota County receives federal funding so there is a violation here of the Hatch Act not resign to run laws.
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08-16-2020, 05:56 PM #6UnregisteredGuest
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08-16-2020, 07:41 PM #7UnregisteredGuest
Big news!
In Florida, the Hatch Act prohibits state and county employees from seeking public office in a partisan election.
Here is a copy-and-paste from the Supervisor of Elections in Pinellas County (Ms. Julie Marcus):
- How does the “resign-to-run” law relate to the “Hatch Act?”
The state resign-to-run law is entirely separate from the federal “Hatch Act.” The federal Hatch Act (5 U.S.C. §§ 1501- 1508) 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.
The Hatch Act prohibits executive branch state and local employees covered under its provisions from being a candidate for public office in a partisan election, i.e., an election in which any candidate represents, for example, the Republican or Democratic Party.
For example, if an employee works for a state agency and his or her principal work is in an area which is funded in part by a federal agency, then the Hatch Act would prohibit that employee from running for a partisan office. Law enforcement officers seeking to run for public office should be aware that if their law enforcement agency receives federal funding (e.g., Department of Homeland Security grants), then their candidacy for a partisan office may be subject to the Hatch Act prohibitions. The Hatch Act would not prohibit the covered employee from being a candidate in a nonpartisan election; however, an employee’s conduct is also subject to the laws of the state and the regulations of the employing agency, so the employee should check with his or her supervisor, personnel office, or the agency’s general counsel to determine what state or local law or agency rules or policies may apply regarding political activities.
Governors, Lieutenant Governors, mayors, elected heads of executive departments, and individuals holding elective office are specifically exempt from the Hatch Act prohibition against being a candidate for public office. So, the Hatch Act prohibits state, county and municipal employees seeking public office in a partisan election, not an elected officer seeking re-election or election to another office.
Questions about the Hatch Act may be directed to:
Hatch Act Unit
U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
Tel: (800) 85-HATCH or (800) 854-2824
(202) 254-3650
Website: http://www.osc.gov/pages/hatchact.aspx
Source is from the Supervisor of Elections in Pinellas County (Ms. Julie Marcus):
https://www.votepinellas.com/Candida...ign-to-Run-Law
- How does the “resign-to-run” law relate to the “Hatch Act?”
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08-16-2020, 08:19 PM #8UnregisteredGuestOriginally Posted by Julie Marcus, Pinellas County Supervisor of Elections
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08-16-2020, 08:29 PM #9UnregisteredGuest
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08-16-2020, 09:26 PM #10UnregisteredGuest
It should have been given to an interested reporter a couple of weeks earlier to give them an opportunity to research the issue. The Hatch Act violation may have merit, but releasing the allegation two days before an election at an anonymous website isn't enough time to allow a reporter to do corroborative research to satisfy his editor -- unless it's a slam dunk?
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