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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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U.S.
OFFICE OF SPECIAL COUNSEL SEEKS DISCIPLINARY ACTION IN HATCH ACT CASE
AGAINST MAYOR OF
ATLANTIC CITY, NEW JERSEY
FOR IMMEDIATE RELEASE - 11/15/05
CONTACT: CATHY DEEDS, 202-254-3607,
cdeeds@osc.gov
WASHINGTON -- The U.S. Office of Special Counsel
(OSC) has filed a complaint for disciplinary action against Lorenzo T. Langford,
the Mayor of Atlantic City, N.J. OSC’s complaint, filed November 9, 2005, with
the Merit Systems Protection Board (MSPB), charges Langford with violating the
Hatch Act by specifically asking several Atlantic City employees, all of whom
were his subordinates, to collect absentee ballots for a partisan political
candidate and by signing an endorsement letter, using his mayoral title, for the
same partisan political candidate.
Requesting subordinates to collect absentee
ballots for a political purpose violates two separate provisions of the Hatch
Act—the prohibition against use of official authority or influence for the
purpose of interfering with or affecting the result of an election and the
prohibition against coercing or attempting to coerce employees to contribute
anything of value, including personal services, to a person for a political
purpose.
Langford is covered by the Hatch Act because his
primary job duties are in connection with programs that are financed, in whole
or in part, by federal loans or grants.
According to the complaint, Langford held several
meetings with the City’s Department Directors in 2003, all of whom were his
subordinates, during which he requested the Directors to collect absentee
ballots for Stephenine Dixon, then-Democratic candidate for Third Ward
Councilmember in the primary election. He also held subsequent meetings during
which he requested his subordinate Directors to inform him of the number of
ballots they had collected. The complaint further alleges that in May 2003,
Langford signed a letter endorsing Dixon using his mayoral title. In the
endorsement letter, Langford urged the citizens of Atlantic City to vote for
Dixon.
Special Counsel Scott Bloch said, “One of the main
reasons for the original Hatch Act was to prevent political coercion and
influence by supervisors in the public workplace. This case shows why the law is
still relevant even today. The workplace should not be a place for partisan
political activity, and violators will be prosecuted.”
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. A covered employee may not use his official
authority or influence to interfere with or affect the result of an election, or
coerce or attempt to coerce covered employees to contribute anything of value to
a person for political purposes. The penalty for a proven violation of the Act
by a state or local employee is removal of the employee from his/her position by
the state/local agency and debarment from state/local employment for the
following 18 months or if removal is not effectuated, forfeiture of federal
grant funds by the state/local agency in an amount equal to two years of the
salary of the employee in addition to the 18-month debarment.
***
The U.S.
Office of Special Counsel (OSC) is an independent investigative and
prosecutorial agency and operates as a secure channel for disclosures of
whistleblower complaints and abuse of authority. Its primary mission is to
safeguard the merit system in federal employment by protecting federal
employees and applicants from prohibited personnel practices, especially
retaliation for whistleblowing. OSC also has jurisdiction over the Hatch Act
and the Uniformed Services Employment and Reemployment Rights Act. For more
information please visit our web site at
www.osc.gov or call 1-800-872-9855.
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