Sheriff Shuffle: Callaway Hatch Act

The race to replace outgoing Sheriff Darren White is heating up and with over 30 applicants, candidates are pulling out all of the stops. The truth is that whichever candidate lands the selection will be miles ahead of the other contestants in the upcoming 2010 election.

One of the aspiring Sheriffs is Conrad Candelaria and he's getting support from one of the top APD cops - Deputy Chief, Michael Callaway. Candelaria is a Commander with the Albuquerque Police Department in charge of the Southwest Area Command.

It's no surprise that Candelaria is getting support from The 5th Floor Brass at APD. What is a surprise is that Deputy Chief Callaway decided voice his support by sending a letter of recommendation to each of the commissioners on the Bernalillo County Commission.

November 10, 2009


Bernalillo County Commission
1 Civic Plaza
Albuquerque, NM 87102

Honorable Commissioners:

It is with great pleasure that I am offering this letter of recommendation for Commander Conrad Candelaria for appointment as the Sheriff of Bernalillo County. Conrad Candelaria is an experienced, executive-level law enforcement professional who possess the requisite knowledge, skill and capabilities to effectively lead the Bernalillo county Sheriff's Department.

I have known Conrad for the past twenty years as our careers have been parallel throughout the ranks of the Albuquerque Police Department. Under Conrad's leadership, the Albuquerque Police Department and the Westside community have built positive relationships and worked collaboratively to improve the quality of life within the community. Conrad has also been responsible for influencing, implementing and developing several strategic initiatives to effectively address problems and concerns. I am certain Conrad possesses a unique vision for the Bernalillo county Sheriff's Office to further the County's goals and objectives.

In summary, Conrad is a conscientious, dedicated, knowledgeable individual who has earned the respect of his community and criminal justice colleagues alike. Thank you for your consideration and service to the citizens of Bernalillo County.




Sincerely,


Michael D. Callaway
Deputy Chief of Police
Albuquerque Police Department

We know what you're thinking... And??? The personalized letter was provided to each county commissioner on official APD letterhead - a potential violation of the Hatch Act (view the letter here).

Prohibited Activities

Covered state and local employees may not-

* be candidates for public office in a partisan election
* use official authority or influence to interfere with or affect the results of an election or nomination
* directly or indirectly coerce contributions from subordinates in support of a political party or candidate

-U.S. Office of Special Counsel

Bernalillo County Sheriff is a partisan elected position. The Bernalillo County Commission will be appointing or nominating the next Bernalillo County Sheriff. By sending a letter of recommendation to Bernalillo County Commissioners, Deputy Chief Callaway is using "official authority or influence to interfere with or affect the results of an election or nomination."

Penalties for Violating the Hatch Act

If the Merit Systems Protection Board finds that the violation warrants dismissal from employment, the employing agency must either remove the employee or forfeit a portion of the federal assistance equal to two years salary of the employee. If the Board finds the violation does not warrant the employee's removal, no penalty is imposed.

-U.S. Office of Special Counsel

We suspect that Commander Candelaria solicited Callaway's endorsement, but you never know. It's possible that DC Callaway was acting on his own initiative. Either way, there's something just plain wrong with campaigning for a law enforcement position using a letter of endorsement that clearly violates the law.

----- Update -----
We got so carried away with what appears to be a blatant violation of the Hatch Act that we completely forgot about other potential violations. One of our Eyes quickly reminded us of our omission, so... After a little digging we found that the Deputy Chief has indeed crossed at least one more line.

In addition to the Hatch Act, it appears DC Callaway has violated Administrative Instruction No. 7-19 - which contains a list of compaing no-nos.

B. Activities Prohibited No City Employee Shall:

1) Become a Candidate for any elective City office;

2) Actively campaign for or against a Candidate for any elective office while on duty or represent a Candidate while on duty. Volunteers assisting in City functions under the supervision or direction of City employees shall not campaign for a Candidate while performing such duties for the City; [emphasis added]

3) Receive, disburse or account for assessments, contributions or other funds for any Candidate;

4) Receive or offer to receive any money, gratuity or benefit from any candidate;

5) Wear on one's person political badges or buttons while on duty or while in a City uniform at any time;

6) Take either a position for or against any Candidate for elective office while representing either that such position is an official City position on such Candidate or that such position is taken in one's official capacity as a City employee;

7) Circulate nominating petitions within or on City property while on duty, at the place of one's employment or at any time or any place while in City Uniform;

8) Serve as an election judge or clerk in a City election;

9) Use any City-owned properly, equipment, supplies, vehicles or space either to campaign for or against a Candidate. [emphasis added]

10) Display or distribute any political stickers, posters or materials on or from City-owned vehicles or City property;

11) Display or distribute any political stickers, posters or material for or against any Candidate while on duty or at the City employee's work place, other than bumper stickers displayed on the employee's private vehicle, including vehicles parked in City owned parking lots; or

12) Use the employee's position or status to influence the support of other City employees or City officials for or against any Candidate or issue. [emphasis added]

C. Hatch Act Any City employee whose principal employment is in connection with an activity which is financed in whole or part by loans or grants made by the United States or a Federal agency is subject to the provisions of the Hatch Act in addition to the prohibited activities set forth in this memorandum. Each City Employee is responsible for determining if Hatch Act prohibitions apply to his or her employment with the City.

You might want to look at items 2, 9, and 12. Looks like Deputy Chief Callaway has some more splainin' to do.

The Sheriff Shuffle

The pending resignation of Sheriff Darren White in order to take the Public Safety post with the city has created a bit of a diemma for the Bernalillo County Commission - which is charged with appointing someone to fill out the term. According to our Eyes, state law requires an appointment before White's departure in order to prevent a sheriff's gap.

What's complicating things is that next year is an election year and no fewer than 9 Democrats have thrown their badges into the appointment and election rings. The Bernalillo County Commission is controlled by Democrats, so there shouldn't be a problem... right?

Wrong. Commissioners - particularly Commissioners Armijo, De La Cruz, and Hart-Stebbins - are reluctant to choose any Democrat who's actually planning a run for Sheriff. At the very least, appointing one of the 9 would give that candidate a decisive edge in the Democratic primary. And since there isn't a single Republican that has asked for the appointment (perhaps an opportunity there), the Democrats on the commission are looking elsewhere for potential candidates.

According to our Eyes, commissioners are looking at the old old sheriff to replace the soon-to-be new old sheriff. Former Sheriff Joe Bowdich is currently serving as the "civilian chief" over at APD - it's a job without a job description, responsibilities, or duties but it pays well. Commissioners have hit on the idea that Bowdich would be the perfect interim-Sheriff and frankly we don't disagree. It might even save the city over $100,000 by vacating a position that has outlived its usefulness.

[Sidebar]
Nothing against Bowdich but, he was in fact brought in to provide cover for the evidence room scandal. The former sheriff was certainly a respected former law enforcement officer but his purpose as a "civilian chief" was to lend needed credibility and restore confidence in APD. Bowdich's position was created for political reasons - to provide cover for the Chavez administration - not functional reasons.

Like most government positions created for political purposes, their usefulness is short lived except as a position to reward supporters.
[End Sidebar]

More importantly for the Democrats on the commission, it allows them not to be seen as choosing the next sheriff. Of course there's nothing to guarantee that any of the 9 Democrats who have asked for the appointment will win the job next year or even that the next elected sheriff will be a Democrat, but at least the Armijo, De La Cruz, and Hart-Stebbins, won't be accused of favoritism or blamed for a November loss.

No matter how it pans out, it looks like the sheriff shuffle will result in a sheriff who really doesn't want the job - at least not long-term. After all, county commissioners are politicians and they're not going to willingly hurt their political future.