It would appear so. Check out this rather lame, self serving, and seemingly self penned defense at Albany's Insanity. It contains such gems as this:
We know that SD-58 hopeful Dennis Delano, the guy who won't debate or talk to the press,
#2 I HAVE ALWAYS TRIED TO ACCOMMODATE THE PRESS IF IT WAS POSSIBLE, WHY WOULDN'T I?)
...
By remaining on the public payroll while running for the Senate and not getting a waiver from the US Office of Special Counsel,
#4 At the very end of this article, the author admits that he doesn't know if I got a waiver or not, no one called them to check!
So, Delano won't speak to the press, his protestations notwithstanding, but he will furiously spew and spin on a local right-friendly blog.
OK, got it.
Also, notice that his big defense seems to be that no one ever asked him if he got a waiver from the US Office of Special Counsel, not that he actually did secure such a waiver. That's, um, hardly the same thing.
And the Special Counsel's Office is indeed concerned. From an emailed release:
Contact with the Special Counsel earlier today confirms the legitimacy of this concern. According to the Special Counsel, the law specifically applies to any federal, state or local official who duties or employment are carried out in full, or in part, with federal grants and funding. Buffalo law enforcement has been and continues to be the recipient of federal funding and grants.
And Delano isn't just putting his own campaign at risk, he's risking the federal funding and grants given to the Buffalo PD:
According to the National District Attorney's Association (NDAA) an employee funded in part with a federal grant is indeed covered by the act, and cannot "run for partisan office without resigning from her position or risking a funding penalty for her agency."
NDAA also states that "Hatch Act restrictions apply to any act in furtherance of candidacy, including acts before a formal announcement. Canvassing for votes, circulating petitions for candidacy and soliciting funding are prohibited."
Furthermore, it was reported just last month that the U.S. Congress held hearings on the Hatch Act regarding a proposal that "would allow state and local employees to run for partisan offices such as city council or sheriff in cities with 100,000 or fewer residents. These government employees currently are prohibited from partisan campaigning, and if found guilty of violating the Hatch Act, they would be fired and could not be reinstated for 18 months."
This race just keeps getting weirder and weirder. I'm not really sure what to make of these developments short of the realization that maybe Dennis Delano is just full of crap. |
