The Standard-Examiner editorial board chimes in on the pending Jon Greiner Hatch Act matter this morning, predicting that the State Senator and Ogden Police Chief will prevail in his opposition to the complaint of the federal Office of Special Counsel, which seeks Greiner's removal from the office of Ogden Chief of Police:
The Hatch Act, enacted in 1939, oversees some political acts of state and local government officials. The OSC’s complaint claims that Greiner, as police chief, was responsible for managing and administrating four federal grants while competing for and winning the Senate District 18 seat.We believe the Std-Ex is likely correct in its fact analysis and conclusions. In point of fact, it's apparent to us that Chief Greiner and Ogden City have devised a cautious Hatch Act Compliance Program, shielding Greiner from any acts which could be deemed "managing and administrating four federal grants."
In our opinion, the OSC charge is not accurate. We think Greiner has acted specifically within the law because Ogden city’s chief administrative officer, John Patterson, says he signs off on the federal grants received by the city’s police department.
Whether the Std-Ex is aware of it or not, there is also judicial precedent in this matter. In 2004, Henderson, Nevada Assistant Chief of Police and Nevada Assemblyman Richard Perkins was served a similar Office of Special Council complaint, under facts nearly identical to those in the Greiner case. The matter was adjudicated by Merit Systems Protection Board administrative law judge William G. Kocol in favor of Perkins. The Las Vegas Review Journal has a good September 14, 2005 writeup concerning that decision:
• Judge rules Perkins didn't break federal lawAs a matter of fact, we interviewed Chief Greiner in 2006, during the General Election ramp-up. Greiner informed us at that time that Ogden's Hatch Act Compliance program had been carefully modeled after the Henderson, Nevada program.
We'll thus cautiously join with the Std-Ex in our own prediction that Mr. Greiner will likely prevail in the pending action before the next Merit Systems Protection Board administrative law judge.. with this caveat: The decision of Judge Kocal isn't necessarily binding in a subsequent matter before any other MSPB judge, even in a case with nearly identical facts. The two cases ARE slightly distinguishable on the facts, by the way. Whereas Perkins had been the Henderson City Assistant Chief, who served as "acting chief" only from time to time, Greiner is the full time Chief of Police of Ogden City. Moreover, although the previously decided Perkins case provides precedent, we do not believe it provides binding legal precedent. Unhappily for Chief Greiner, we suspect a decision in his pending action depends as much upon the disposition of the sitting administrative law judge as the underlying facts and law in the matter.
Having said all this, we'll remind our readers that other issues have arisen with respect to this matter. The Std-Ex raises this objection to the duality ofGreiner's legislative and law enforcement management roles:
Ironically, the OSC complaint cannot force Greiner to give up his state senate seat. Even if he did so, it would not resolve the OSC action. Nevertheless, Greiner should reconsider his state senate duties, since they are restricting his ability, as Ogden police chief, to have a say on federal funds for his officers.And there remain still other and further issues. Potential conflict of interest, anyone? And what about the retirement double dipping issue? We know it's technically lawful... but is it right? And what about the argument that these Hatch Act restrictions, if rigorously applied, infringe upon Greiner's fundamental constitutional rights? Then there's the peripheral question of who exactly picks up Greiner's legal fees, whether or not Greiner prevails. Interestingly, in the Perkins case, it was Chief/Assemblyman Perkins himself (not the Office of Special Counsel OR the taxpayers of Henderson City) who eventually got stuck with the tab.
We want Greiner involved in all important duties as Ogden’s chief law enforcement officer.
We think The Std-Ex's Calvin Grondal gets it mainly right. Right or wrong, Chief Greiner remains in a tight spot. It's a practical... as much as a legal problem, we think.
The WCF discussion floor is open. Don't let the cat get your tongues.
