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SD-58: The Ignorance Of Dennis Delano

by: robert.harding

Fri Oct 31, 2008 at 21:18:56 PM EDT


I hate to pile on (actually, I don't) but there are a few things that I will add to what Phillip said earlier about Dennis Delano's attempt at blogging.

Now, I know who Rus Thompson is. He is the blogger that featured this rambling from Delano. Thompson is a conservative and for him to say that we are all Democrat, all the time over here is hypocritical. You have your allegiances too, pal. We don't hide our bias and who we are aligned with. You don't either. So let's get beyond this shock that The Albany Project is a bunch of liberals. We know. We have known for some time.

As for Delano, there are a few things he said in his rebuttal that are funny, stupid and shows how uninformed he is.

For example, Delano said this: "#6. There is no federal law that prohibits "politicking while collecting a public paycheck!" Actually, there is. It's called, well, the Hatch Act. And the Hatch Act DOES apply to state and local employees. For state and local employees, you can run for non-partisan office (for Delano, that is an election where no political parties are involved), you can join and be a member of political clubs and organizations, campaign for candidates who are running for any office, partisan or non-partisan, and contribute money to political organizations.

But one of the things you CAN'T do is run for partisan office. Delano is suspended with pay from his post with the Buffalo Police Department. The Buffalo Police Department, like many police departments in this country, receives funding from the federal government. So what you are going to argue Delano? That the Buffalo Police Department doesn't receive federal funding?

In relation to this topic about police officers and the Hatch Act, Larry James (General Counsel for the National Fraternal order of Police) wrote an advisory opinion on this. As Delano correctly noted, this is just an advisory opinion. However, everything James said was true. Delano doesn't think so though. Delano said this about James' advisory opinion: "#22 (A) an advisory is a written opinion on something not a person to person communication like it seems to be here, but either way it is a Totally false statement, and must be cut from a longer statement!"

That is partially correct. While an advisory opinion is an opinion (or else it wouldn't have the word "opinion" in there), the advisory opinion in this case includes what is permissible and impermissible according to the Hatch Act. When Delano says "... either way it is a Totally false statement" he is referring to this line:

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."

Apparently Delano didn't bother researching the advisory opinion. Not surprising since he doesn't care about the issues. In James' advisory opinion under "It is impermissible to" it says, among other things, "Run for any elected partisan office."

As they say in the courtroom, I rest my case.

robert.harding :: SD-58: The Ignorance Of Dennis Delano
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Ahh, Russ Thompson (0.00 / 0)
I actually subscribe to his RSS feed to see what the other side is saying.  

But I think it's laughable that he attacks Steve Barber, while he uses Xinhua, the CHINESE GOVERNMENT PROPAGANDA ARM, to bash Obama.

Russ. Russ!  Come on now!


And one more thing about Russ (0.00 / 0)
I actually tried to comment on his Xinhua piece to note that Xinhua isn't exactly the best source considering that they run negative stories about America all the time, aka being ANTI-AMERICAN, and he censored my comment!  And its not like I was rude- I actually wrote that I read his blog regularly.

[ Parent ]
I actually like and respect Rus... (0.00 / 0)
He has been a fighter and has been a great advocate for issues impacting taxpayers. We don't see eye to eye on a lot of things but he has been a voice on a number of issues, including the removal of toll barriers in WNY.

Again, I don't agree with him on everything. But I respect what he has done. He talks the talk and walks the walk.  


[ Parent ]
I respect him too (0.00 / 0)
I don't subscribe to his RSS feed for nothing- I'm just pointing out something I disagree with him on.

[ Parent ]
Byron Brown (0.00 / 0)
Since the City of Buffalo receives federal funding, then Byron Brown is violating the Hatch Act by running for Mayor.

The same with Chris Collins.

And the State receives massive amounts of federal funds so I guess no state employee can ever run for office including Stachowski.


Actually you are wrong... (0.00 / 0)
Their jobs (Brown and Collins) are elected positions. Why the Hatch Act is in place is to prevent federal, local and state employees who are already employees from engaging in such activities. Would you really want someone who is, say, a police officer running for elected office and getting two pay checks from the taxpayers? Conflict of interest anyone?  

[ Parent ]
Larry James (0.00 / 0)
"an individual employed by a state or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or federal agency, but does not include: (a) an individual who exercises no functions in connection with that activity"

Are you saying Larry James wrote an opinion about Delano?

Where is the evidence that Delano falls within the definition cited above?

Stack's campaign manager was unable to cite any facts to the Buffalo News the other day.


expertise (0.00 / 0)
Last I knew you were in college.  What expertise do you have to render a legal opinion about a complex area of the law like Hatch?

Jim (0.00 / 0)
you can "thread" a comment under the one you're responding to by hitting the "reply" link immediately below the commentor's name instead of hitting the post a comment link at the bottom.

[ Parent ]
Ok buddy (4.00 / 1)
I am a lawyer.  Everything Robert wrote is correct.  Obviously relying on an advisory opinion still means there is a chance a judge might see it a different way, but if I had to bet my life savings on it, I would go with Robert's interpretation.  

[ Parent ]
Begging the question (0.00 / 0)
"Everything Robert wrote is correct."

You may be a lawyer but you failed to make an argument.  It's called begging the question.

"buddy"?  Very professional.

And what is your expertise in the Hatch Act?  I have read it and have read case law on it but don't consider myself an expert.  I know for certain that Harding isn't.


[ Parent ]
buddy (0.00 / 0)
I'm not an expert on the Hatch act.  However, since credentials matter so much to you, as per your "argument" against Robert's interpretation is that he doesn't have law degree, I am responding to your argument telling you that I do.  And although I'm not an expert on the Hatch act, the author of the advisory opinion is.  Therefore it is a good bet that the advisory opinion is correct.  

Awaiting your next "argument," buddy.


[ Parent ]
Lawyer???? (0.00 / 1)
I don't know if your a lawyer or not but no one could tell by the quality of your posts here.

You said you agree with Harding.  That's not an argument but the absence of an argument.

I simply pointed out THE FACT that you didn't make an argument.

And I have have no problem with the Advisory Opinion.  What I question is whether there is any connection between the Advisory Opinion and Delano.  No one has made that connection and I asked for such many times in vain.

Robert, you have quite a crew here, real impressive.


[ Parent ]
you really are an idiot (0.00 / 0)
An advisory opinion doesn't have to apply to any specific person.  If it's about policemen generally, then it applies to Delano.  I don't know why it's so hard for your brain to compute that.  

I don't really know if you're a 3rd grade graduate or not, but no one could tell by the quality of your posts here.  


[ Parent ]
ans this (0.00 / 0)
  would the city of n-falls police chief who is running for niagra county sheriff be violating the hacth act  

No (4.00 / 1)
because there's no such thing as niagra county or the hacth act.

[ Parent ]
can't argue (0.00 / 0)
with that.

TODAY is day one. It always is.

[ Parent ]
If it's at all helpful to this conversation... (4.00 / 1)
I think you first have to determine if you are covered by the act. If you are, then you look at what is permissible and not permissible - running for office, for example, would not be permissible.

From the advisory opinion cited:

The relevant analysis concerning the employee's contact with federal funds is whether the employee "as a normal and foreseeable incident to her principal job or position...performs duties in connection with an activity financed in whole or in part by federal loans or grants..." Special Counsel v. Williams 56 M.S.P.R. 277 (1993). Whether the employee's salary is paid by federal funds is not a relevant consideration. Activities that have been held to be "in connection with an activity financed in whole or in part by federal loans or grants" have included approving the use of federal funding, supervising employees whose salaries are paid by federal funding, purchasing items with money obtained from federal funds, supervising the use of federal funds, overall responsibility for the operations of departments funded at least in part by federal funds, reviewing and analyzing policies and procedures to determine compliance with applicable federal law, reviewing federal grant applications, preparing annual reports regarding federal funding, and preparing press releases and answering questions regarding federal funding.

As a result of a state or local employee's connection with federal funds, her or she may be covered by the Hatch Act. Since police departments get federal funds, it is a logical question to raise.

Smart people get clarification or quit the job before they run.  


which is the point (0.00 / 0)
either delano sought and received a waiver from the US office of special counsel or he did not. if he did and he's in the clear, why not just produce such a document?

it seems pretty clear to me that he didn't do his homework and is now trying to muddy the waters changing the subject.

TODAY is day one. It always is.


[ Parent ]
show me (0.00 / 0)
Show me the statute that requires him to get a waiver.

[ Parent ]
One last time (0.00 / 0)
Show me the statute that requires him to get a waiver.

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