The Hatch Act And Carmelo Garcia

First let me state that Carmelo and I although not agreeing on much locally are never the less good friends who respect each other. Since I am a proud registered Republican I have no vested interest in whoever wins their primary. But I do care deeply about the rule of law.

The Hatch Act of 1939 named for Senator Carl Hatch (Dem-NM) is officially known as an Act to Prevent Pernicious Political Activities. The main provision is to prohibit federal workers of the Executive Branch from engaging in partisan political activity. As the head of the Hoboken Housing authority Carmelo works for and is paid by HUD (Housing and Urban development) which is overseen by a Cabinet level official.

HUD’s mission is: “to create strong, sustainable, inclusive communities and quality affordable homes for all. HUD is working to strengthen the housing market to bolster the economy and protect consumers; meet the need for quality affordable rental homes: utilize housing as a platform for improving quality of life; build inclusive and sustainable communities free from discrimination; and transform the way HUD does business”.

http://portal.hud.gov/hudportal/HUD

http://portal.hud.gov/hudportal/HUD?src=/about/mission

During the Great Depression there were widespread allegations of misuse in the Works Progress Administration during the 1938 election. In a bipartisan effort the Act was passed. According to Wikipedia:

http://en.wikipedia.org/wiki/Hatch_Act_of_1939

http://en.wikipedia.org/wiki/Works_Progress_Administration

“The original Act forbids the intimidation or bribery of voters and restricts political campaign activities by federal employees. It prohibits using any public funds designated for relief or public works for electoral purposes. It forbids officials paid with federal funds from using promises of jobs, promotion, financial assistance, contracts, or any other benefit to coerce campaign contributions or political support”.

In 1940 the law was amended to include certain employees of state and local government who are primarily paid by federal funds. It is this Amendment that I believe applies to Carmelo. It forbids those covered from using job promises, promotion, financial assistance, contracts or coercing campaign contributions. Federal employees are still forbidden to run for office in a partisan election, obtaining campaign contributions or engaging in political activity on federal property, such as Hoboken’s Housing authority. The Act has been challenged in the US Supreme Court in 1947 and 1974 and the law was upheld. In 1993 the Act was weakened allowing participation in political management in campaigns.

Funds for Hoboken’s Housing Authority are obtained directly via HUD. Originally the program was known as PHA’s or Public Housing authority whose obligations were directly guaranteed by the US Government.

Since Carmelo is a federal employee in my opinion (backed up by Judge Bariso) he is ineligible to run for the Democratic primary as long as he holds his present title. He should either withdraw from the campaign or resign his position and follow the Hatch Act.