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U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
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OSC Wins Disciplinary Settlement
In Hatch Act Case
Housing Authority Director in NJ
Violated Law
FOR IMMEDIATE RELEASE - 4/4/07 CONTACT: Loren Smith, 202-254-3714,
lsmith@osc.gov
WASHINGTON, DC – Today, the U. S. Office of
Special Counsel announced its favorable settlement of a complaint seeking
disciplinary action against Mark Holmes, Executive Director of the East
Orange Housing Authority in East Orange, New Jersey, for violating the Hatch
Act. OSC's complaint charged Mr. Holmes with violating the Hatch
Act’s prohibition against being a candidate for public office in a partisan
election.
As part of the settlement agreement, Mr. Holmes
admitted that he was a candidate in the November 8, 2005, partisan election
for Lawrence Township Council, in violation of the Hatch Act. Contrary to
previous reports in the press, Mr. Holmes is not taking a six month leave
without pay from his position as Executive Director; he is being removed
from his position with the East Orange Housing Authority as disciplinary
action for his violation of the Hatch Act, a penalty consistent with the
provisions of the Act.
In addition, Mr. Holmes is debarred from seeking
or accepting office or employment with any state or local agency in the
State of New Jersey for a period of six months. Should Mr. Holmes or the
East Orange Housing Authority violate any terms of the settlement agreement,
OSC will re-file its complaint for disciplinary action with the Merit
Systems Protection Board.
Mr. Holmes is covered by the provisions of the
Hatch Act because, as Executive Director of a Housing Authority that
receives millions of dollars in federal grants, he has duties in connection
with federally funded programs. The East Orange Housing Authority receives
grants from the U.S. Department of Housing and Urban Development (HUD) for
its overall operating expenses, and it also administers several million
dollars in HUD Housing Voucher Assistance Payments.
The
Hatch Act restricts the political activity of individuals principally
employed by state, county or municipal executive agencies who have duties in
connection with programs financed in whole or part by federal loans or
grants. An employee covered by the Act is prohibited from being a candidate
for public office in a partisan election. The possible penalty for violating
the Act is removal of the employee from his or her position with the state
or local agency and debarment from employment with a state or local agency
within the same state for the following 18 months. ***
The U.S.
Office of Special Counsel is an independent investigative and prosecutorial
agency. Among other functions, it investigates and prosecutes complaints
alleging violations of the Hatch Act and provides advisory opinions
regarding the Act’s requirements. For more information about OSC, please
visit our web site at www.osc.gov or call
1-800-872-1855.
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