Richmond County Sheriff’s Office Maj. James Clemmons was informed he is not inhibited from running for partisan office under the provisions of the federal Hatch Act.
“We reviewed this matter, and as explained below, we have determined that your candidacy does not violate the Hatch Act,” reads a letter addressed to Clemmons from Hatch Act Unit Deputy Chief Erica Hamrick.
First passed in 1939, then amended in 1993, the Hatch Act law essentially excludes federal employees and those who are involved with activities funded by federal grants from seeking public office in partisan elections. In a May interview Hamrick said whether an individual is subject to the Hatch Act is “very fact-specific.”
“It’s a matter of whether the employee’s job duties are related to the activities funded by the grant,” Hamrick said. “Almost every single federal grant includes these provisions.”
Clemmons responded to the Hatch decision Thursday, saying he believes in the system and the rule of law.
“In any given situation, no matter whether it’s politics or employment, any and everyone has an opportunity to file a complaint or grievance,” he said. “In this particular instance, it was in reference to the Hatch Act. There were people put in place with the special counsel that investigated this complaint, and determined that I was not covered under the Hatch Act.”
The investigation into Clemmons eligibility to run was conducted in response to a post-primary complaint lodged by former candidate Eddie Martin, who responded to the letter Thursday afternoon.
“It’s kind of like an umpire calling a ball a strike,” Martin said. “You don’t have to agree with it and you don’t have to like it, but it’s a strike. As far as I’m concerned, I don’t know of any recourse I have at this point. I’m not going to protest something you can’t protest.”
Sheriff Dale Furr offered his own explanation for how the Hatch Act Unit was contacted.
“It is my opinion that it was a small group of people with a personal agenda that initiated this action,” Furr said.
“As a major for the Richmond County Sheriff’s Office you supervise the Civil Division,” the letter continues. “You are responsible for taking roll call when Chief Deputy (Phil) Sweatt is absent, assigning the service of all civil and criminal papers and assigning deputies to any funerals, demonstrations or other special programs. You also supervise dispatchers, manage scheduling requests and assist in the transportation of inmates to and from the jail.
“You explained that in this role, you do not interact with federal funds, nor do you supervise anyone who does.”
RCSO Capt. Robbie Taylor is responsible for handling grant money and purchase requests, according to the letter, including federal funding through a COPS grant that funds the salaries of three deputies who provide security at the courthouse. Taylor reports directly to Sweatt and Sheriff Dale Furr.
“And as such, you have no role in the grant application process or in the managing or use of the grants.”
Clemmon’s opponent in November, Republican Doug Brown, said he was glad to hear the news Clemmons was cleared.
“I’m glad that all this mess is over,” Brown said from his business in Laurinburg. “I told everybody on my committee to prepare to run against Clemmons. This never had my support - it’s just some Eddie Martin mess.”
Brown called his opponent “a good, Christian man, and this is the way I wanted it.”
As for his campaign, he said everything will continue as it has been.
“By the end of this thing, people are going to know who I am,” Brown said. “Sometimes, you don’t even have to be that well-known, because people want a change. I’m not saying they’ve done anything wrong, but after 50 or 60 years of the same regime, a new face and some new ideas are going to be good for the county.”
Martin said he has no plans to seek public office in the future, and is going to settle into the life of a retiree.
“I feel like I still have some time left, and enough in the tank to serve in some capacity,” Martin said. “But my career is over, and I may as well face it.”
He said he’s had a good career - “Law enforcement has treated me well.”
Clemmons and Brown, the respective outright winners of their primaries, will face each other in the general election to be held Nov. 2.
Staff Writer Philip D. Brown can be reached at (910) 997-3111 ext. 32, or by e-mail at pbrown@yourdailyjournal.com.
Post a Comment
