Buffalo - (October 29, 2008) - Republican State Senate candidate Dennis Delano was slammed today with questions regarding his candidacy and likely violation of federal law. Delano, who has hid from the public after a series of high profile embarrassments in which he showcased ignorance about the Taylor Law, gerrymandering and other 8th grade lessons, has failed to provide any documentation that proves his campaign is not in direct violation of the Hatch Act of 1939, officially known as an Act to Prevent Pernicious Political Activities.
"Voters have a right to know that the person asking for their vote is not intentionally breaking the law," declared Campaign Manager Cathy Calhoun. "Delano has failed to provide any proof so far that his campaign is legit. If appropriate documentation is not readily accessible, the consequence is clear: he must cease his candidacy or resign effective immediately"
Calhoun added, "Dennis needs to take a civics course. He has displayed nothing but contempt for the public."
Under the Hatch Act anyone paid with federal dollars must seek an advisory opinion and waiver from the U.S. Office of the Special Counsel before launching a political candidacy.
"Has Dennis spoken with legal advisors who have previously advised him on this issue? If so, whom? Does he have a written advisory or waiver from the Special Counsel? Do his actions place any liability on the City of Buffalo or the local police?" Calhoun demanded. "Dennis's actions could have far-reaching consequences. Not knowing the Hatch Act, the Taylor Law and other important laws has left us wondering what he actually does know."
It was reported October 26th by Channel 7 News that since being suspended in February, Dennis Delano has continued to collect his salary. About $41, 297 has been paid to Delano in that time. Since dedicating himself to his Republican candidacy, Delano has pocketed an additional $26,000, all of which comes at the expense of taxpayers. Channel 7 also noted that Delano has purposefully prolonged his suspension, delaying the hearing into his alleged misconduct until after the election.
"Talk about the sweet life, the guy is getting paid to campaign. Long Islander Dean Skelos has lined his pockets and taxpayers are footing his bills," said Calhoun. "No wonder this guy can't find the time to talk to voters, he's too busy finding ways to skirt the law. As it turns out ignorance is bliss, and profitable!"
In an advisory by Larry James, General Counsel to the National Fraternal Order of Police, it is plainly noted as impermissible to "run for any elected partisan office." The advisory also states that it is against the law to "allow one's name or likeness to be used in campaign literature in the police officer's professional capacity."
An advisory by the U.S. Office of the Special Counsel states:
Covered employees are those whose principal employment is with a state, county or municipal executive agency, and whose job duties are "in connection with" programs financed in whole or in part by loans or grants made by the United States or an agency thereof. 5 U.S.C. ยง 1501(4). Employees are subject to the Act if, as a normal and foreseeable incident of their principal employment, they perform duties in connection with the federally financed activities. In re Hutchins, 2 P.A.R. 160, 164 (1944); Special Counsel v. Gallagher, 44 M.S.P.R. 57 (1990). Coverage is not dependent on the source of an employee's salary, nor is it dependent upon whether the employee actually administers the funds or has policy duties with respect to them. Special Counsel v. Williams, 56 M.S.P.R. 277, 283-84 (1993), aff'd, Williams v. M.S.P.B., 55 F.3d 917 (4th Cir. 1995), cert. denied, 516 U.S. 1071 (1996) (unreported decision).
"Thankfully for Dennis's sake, the requirements are clear if he reads them. If he has not broken the law, just show us the proof already. The public's trust hangs in the balance," concluded Calhoun.
This seems to be a rather cut and dry case. Either Delano obtained a waiver from the Office of Special Counsel or he did not. If he did, he needs to produce it pronto. If he did not, he's in deep doo-doo.
