CIRCLEVILLE— Three local law enforcement leaders have been found in violation of a U.S. federal law called the Hatch Act, which prohibits government employees from using their authority or influence to sway an election.
At issue is an advertisement that ran on Saturday, Nov. 5, 2016, in The Circleville Herald, during the 2016 Pickaway County Sheriff’s race between incumbent Robert Radcliff and Jason Lawless. The ad was paid for by the Citizens To Keep Radcliff Sheriff.
Under the banner, “Keep Radcliff Sheriff,” The ad featured photos and endorsements by Attorney General Mike DeWine; Circleville Police Chief Shawn Baer; Commercial Point Police Chief Adam Jordan; South Bloomfield Police Chief Ken McCoy; and Doug Clark, former police chief of Ashville, who died last year.
A group photo also included Lt. Steve Herron, Post Commander of Circleville Post of the Highway Patrol; and Circleville Deputy Chief Robert Chapman.
All of the law enforcement personnel appeared in the ad wearing their uniforms.
Radcliff won the election, receiving 13,187 votes to Lawless’ 11,193 votes. 876 people chose neither candidate and one voter chose both candidates.
After the election, Lawless filed a complaint about the ad with the federal government.
“I just want people to know and that [Radcliff is] cheating to hold this office,” Lawless said. “I believe it changed the outcome of the election, I really truly do.”
Lawless said the investigation by the U.S. Office of Special Counsel took one year to complete. Then, the U.S. Special Counsel started sending out letters to the law enforcement officers involved, and Lawless received copies, which he provided to the Herald.
Chief McCoy, Chief Baer, and Deputy Chief Chapman were all found to be in violation of the Hatch Act. Under U.S. Code, the Hatch Act states that a government employee “may not, among other things, wear his official uniform or use his official title and/or position while engaging in political activity, such as appearing in campaign advertisements or endorsing candidates for partisan political office.”
Baer admitted to violating the Hatch Act, but said he did not know about the law at the time the photo was used.
“Ignorance of the law is no excuse,” he told the Herald. “When the [Special Counsel] called I told them the city had already addressed it and [I] answered their questions. I now know about the law and I get calls to endorse things all the time, but I tend to stay away from it to play it safe.”
Baer told the Herald he had a letter in his personnel file from the city on the matter and received a non-disciplinary corrective action from the safety director at the time, Brad Jacobs. The corrective action was dated Nov. 17, 2016. Beyond that, he received no further action.
Baer received a warning letter from the U.S. Special Counsel, dated Oct. 19, 2017, which read, in part:
“Although we have concluded that you violated the Hatch Act, we have decided not to pursue disciplinary action and instead are issuing you this warning letter.
Please be advised that should you again engage in prohibited political activity while employed in a Hatch Act covered position, we should consider such activity to be a willful and knowing violation of the law which could result in your removal from your employment.”
Ken McCoy did not respond to the Herald’s request for comment.
A letter to Lawless regarding his complaint against Chief Doug Clark said that the file had been closed because, “during our investigation, we learned that Chief Clark is now deceased.” Clark died in Nov. 2017.
The file against Lt. Herron of the OSHP was also closed without further action, finding “insufficient evidence to conclude that Lt. Herron knowingly participated in endorsing Sheriff Radcliff in his official capacity.”
When the Herald asked the Highway Patrol for comment, Sgt. Tiffany Meeks with the Public Affairs Unit replied, “The Ohio State Highway Patrol does not endorse any political candidate or party.”
Commercial Point Police Chief Adam Jordan confirmed that he received a letter from the Special Counsel stating that he was exempt from the Hatch Act.
“Commercial Point Police Department has not received any federal funding during my tenure,” he said. “The federal investigator said I did not fall under the Hatch Act.”
Jordan said he participated in the Re-elect Radcliff ad because, “It was basically to say that all the agencies work well together and we appreciate and support Robert Radcliff for being the Sheriff.”
The files against Attorney General Mike DeWine and Robert Radcliff were also closed because they are elected officials and the Hatch Act does not apply to them.
Representatives for DeWine told the Herald they received a letter on Sept. 28, 2017, saying the Attorney General did not violate the Hatch Act but declined to comment further. DeWine is currently running on the Republican ticket for Ohio’s next governor.
Radcliff said he was obviously concerned when he first received a call from a federal investigator.
“It was important to me to figure out what there was and if there was an issue,” he said. “In my discussions with the U.S. Office of Special Counsel, this was not a flagrant violation that we were doing over and over again; it was a one-time thing and then it was over.”
Radcliff said the special investigator told him that she would reach out to everyone and then be back in touch with him.
“I feel bad that I’m not in trouble but all these people that came out in support of me are in trouble,” he said. “I don’t want them to be. That’s what I was more worried about; what was going to happen to them? If they were going to get a penalty when this was about unity and law enforcement standing beside each other.”
Radcliff called everyone involved an “honorable bunch of people,” and said had any of them known about the law, they wouldn’t have participated.
“None of them would have done anything intentionally had they known they were violating the Hatch Act,” he said. “That’s not their character and it’s not the type of people they are.”
Zachary Kurz, communications director for the U.S. Office of Special Counsel, said there are a wide range of penalties for violating the Hatch Act.
“This includes removal from federal service, reduction in grade, debarment from federal employment for a period not to exceed five years, suspension, reprimand, or a civil penalty not to exceed $1,000,” he said.
Lawless, who is now Police Chief of New Holland, said he just wanted the truth to come out and wishes no ill will toward the police chiefs.
“I don’t want any of these police chiefs to be in trouble, I really don’t honest to God,” Lawless said.