Fuller ends run for Tupper town board; Fee may do same
Employment with village seen as possible violation of Hatch ActBy JESSICA COLLIER, Enterprise Staff Writer
Article Photos
TUPPER LAKE - Village Water and Sewer Superintendent Bob Fuller is withdrawing from the race for town councilman, following notification that he and village police Chief Tom Fee, a candidate for town supervisor, may be running in violation of a federal law.
Fee has not yet withdrawn his candidacy, but he might.
A federal attorney from the U.S. Office of Special Counsel called Fee Wednesday to notify him someone had filed a complaint that the two village employees' candidacies may violate the Hatch Act, a law governing political activity by employees of federal, state and local government agencies, and that an investigation will be done.
Fuller said he decided it is not worth the risk to stay in the race. He tried to get his name removed from the ballots, but they were already printed. So while people will still be able to vote for him, he said he will not accept the position if he is elected.
"I'm sorry, but I would not be able to serve," Fuller said. "We don't know if we're in violation ... but I'm not willing to assume those risks."
According to information he received from the attorney, Fuller said could lose his job if he is found to be in violation of the act.
Fuller said even if it turns out there is no legal conflict of interest, he will be withdrawing his candidacy so as to avoid the appearance of one.
"I'd like to certainly make sure I apologize to all the people that have shown their support for me," Fuller said.
Fee said he has not yet made a decision about whether he will stay in the race.
"I am going to wait and see what kind of a determination (the federal attorney) can give me," Fee said.
Fee said he is cooperating fully with the federal authorities but doesn't want to pull out of the race prematurely if it's found that there was no violation of the Hatch Act.
"I just want to find out what the real story is," Fee said.
The attorney told him he would be in contact next week, Fee said, and he expects to make a determination about his candidacy soon. He said that he would willingly take the consequences if it was found that he did violate the act.
According to the Hatch Act, employees of a local government are prohibited from running for office if a federal grant pays their salary, or if they supervise someone paid through a federal grant. It also prohibits them from running if they apply for federal grants or purchase equipment through federal grants, or supervise someone who does.
The restriction applies to such people running in partisan elections, where any candidate is running in affiliation with any party. It does not apply to nonpartisan elections. There are also various other exceptions that apply to the act.
Both Fuller and Fee said they apply for and allocate state grants. Sometimes state grants involve federal money that is funneled through the state, but were not sure if that was the case with the grants they worked with.
The two men also noted that they sought out advice from several sources, including private attorneys, the New York Commission of Mayors and other state offices, before announcing their campaigns.
"If you talk to 10 different attorneys, you get 27 different opinions," Fee said. "I never would have knowingly violated the Hatch Act."
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Contact Jessica Collier at (518) 891-2600 ext. 25 or jcollier@adirondackdailyenterprise.com.
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contrary1
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10-19-09 9:27 AM
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This isn't a matter of ignorance. Mr. Fee admitted that he sought the advice of many lawyers before gambling that his candidacy was legal. My honest appreciation goes out to the individual who had the societal capital, to get the ear of the federal authorities. If people with societal capital don't complain, America's laws are meaningless. Thank you.
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Isadoreknob
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10-19-09 6:14 AM
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What's the statute of limitation for this Hatch Act? Can Sandie Strader be prosecuted for the years she was both town administrator and village mayor?
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NativeTransplant
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10-18-09 10:48 PM
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Does "irregardless" mean the same thing as "regardless"?
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deedeejr
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10-17-09 11:43 PM
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They both should have known better and not accepted the nomination. Sure Fuller is doing the correct thing now after the fact. To vote for Fuller in the future if he retires maybe but as an elected official you usually only get one chance to get it right.
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YouKnowImRight
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10-17-09 3:32 PM
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I know and respect both of these gentlemen. They are both fine public servants and good guys. What I can't reconcile is irregardless of the legalities is why you would want the headaches associated with being a politician and have a full time job that has more than its share.
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impartiallyobservant
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10-17-09 11:06 AM
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Bob's a fine man, and folks who truly care about Tupper Lake should hope that he runs again someday -- presumably after he retires from the village. But his decision to drop out (without waiting for the final ruling) is a good one, and the Hatch Act is a sound, common-sense law. There are inevitable conflicts between two such closely-related governmental bodies such as the town and village (Can you say "Fire Department"?). The Hatch Act simply attempts to prevent otherwise good people from putting themselves in the position of having to choose between the goverment that employs them and the government they help lead. Good call, Bob, regardless of what the ultimate ruling is. As for Tom, the other commenter is onto something when he notes that the chief's explanation smacks of "I can't be guilty if I didn't know it was against the law". Ironic. And a wee bit troubling.
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Truthbetold
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10-17-09 8:27 AM
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Ignorance of the law is no defense. I wonder if this personal brush with the law will instill a measure of compassion in Fee and his law enforcement colleagues throughout the region. So many of these guys act holier-than-thou, especially some individual officers on local forces in Saranac Lake and Lake Placid.
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