The intimidation tactics have begun. Warren County Sheriff Larry J. Cleveland is in the attack mode.

Cleveland is kind of like a skunk.

Skunks are members of the weasel family and can become pests to homeowners and taxpayers. They rarely attack unless cornered or defending their young. If approached by an intruder (like a political opponent) and unable to flee, a skunk will usually fluff its fur, shake its tail, stamp the ground with its front feet, growl, stand on its hind legs, turn its head and spit to scare the potential attacker. If those techniques don't work, it will lift up its tail and spray.

The day after the Warren County Police Benevolent Association (PBA) unanimously endorsed Bud York, Cleveland's opponent for the office of Sheriff, Cleveland served copies of the Hatch Act upon department members.

The PBA endorsement has placed Cleveland in a corner and he's mad his own people have displayed such public disapproval of him. He'll stamp the ground and growl, spit, try to scare his detractors and if that doesn't work---he'll use his position to get even like he always does to those who dare to cross him.

PBA members and voters alike have learned how to cope with skunks and sheriffs.

No doubt he was assisted in his latest intimidation by Warren County attorney Paul Dusek. Cleveland has used Dusek as his personal attorney before when he gets pinched. Warren County would be well served to be divested of the Cleveland-Dusek team as soon as possible. Dusek is quickly traveling down the path of former county attorney Tom Lawson who was removed from the county position after numerous miscues. If Dusek's nephew, Queensbury supervisor Dan Stec should somehow win the position of Warren County treasurer, it would set up a huge prohibited conflict of the interest for the treasurer's uncle to be the county attorney.

In our view, a good house cleaning is needed in the entire county attorney's office and a lot of other key county offices---starting with sheriff.

What's the Hatch Act? While it primarily prohibits federal employees from engaging in partisan political activity, it also prohibits state and local employees from running for partisan office if they are paid with or have control over any federal funds.

There are federal funds coming into the Warren County Sheriff's Department Office. The last time Cleveland ran for reelection, he forced his opponents, Tim Tremblay and Rich Ogden, to retire/leave the department, saying that departmental policy prohibited them from seeking partisan office, albeit against him, while working as police officers.

Cleveland might want to remember that door swings both ways. He's prohibited by law from politicking while on duty or using his office to influence an election and if he's found to have violated the Hatch Act, he could cost the county its federal funding for the sheriff's department.

Once again, Cleveland is picking and choosing what laws he's going to enforce and who he's going to enforce them against, typical of Cleveland.

However, police officers and other state and local governmental employees are free to support the candidate of their choice as long as they're off duty, including the PBA.

The Hatch Act specifically states that a state or local officer or employee retains the right to vote as he chooses and to express his opinions on political subjects and candidates. If Cleveland starts retaliatory action against union members, he might quickly face not only a union grievance but a review by the U.S. Office of Special Counsel.

Residents and voters of Warren County would do well to keep their eye on Cleveland, such as when Cleveland is using his position to influence voters through interviews as sheriff with his favorite public relations medium, The Post-Star, which is constantly promoting him at no cost to him, an unfair advantage. Keep tabs on Major John Shine too. According to the rules, Cleveland can't give radio or TV interviews concerning his candidacy during regular business hours or when he's acting in the position of sheriff.

Congress passed legislation in 1993 that significantly amended the Hatch Act as it applies to most federal employees. Most federal employees are now permitted to actively participate in partisan political management and partisan political campaigns. The amendments, however, specifically prohibited any political activity in the workplace. Thus, federal employees are now prohibited from, among other things, engaging in political activity while on duty, in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof, while wearing a uniform or official insignia identifying the office or position of the employee, or using any vehicle owned or leased by the Government of the United States or any agency or instrumentality thereof.

These regulations are applicable to state and local employees and officers too.

Political activity has been defined as activity directed toward the success or failure of a political party, candidate for a partisan political office or partisan political group.

The Hatch Act strictly prohibits state and local employees who have duties in connection with federally-funded programs from being candidates in partisan elections. The penalty for a proven violation of the Act by a state or local employee is removal of the employee from his/her position by the state/local agency and debarment from state/local employment for the following 18 months, or forfeiture of federal grant funds by the state/local agency in an amount equal to two years of the salary of the employee.

Under the Hatch Act, covered state and local employees may run for public office in non-partisan elections, campaign for and hold office in political clubs and organizations, actively campaign for candidates for public office in partisan and nonpartisan elections and contribute money to political organizations and attended political fundraising functions.

The PBA members did absolutely nothing wrong. They have a constitutional right to endorse and support the sheriff's candidate of their choice---and their choice isn't Cleveland.

If Cleveland has any retaliatory actions in mind for union members for having boldly thumbed their collective noses at him, he has virtually no grounds under the Hatch Act.

Covered employees cannot 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 or directly/indirectly coerce contributions from subordinates in support of a political party of candidate.

Upon learning that his candidacy for the post of Warren County Sheriff had been unanimously endorsed by the union that represents the department's road patrol officers and investigators, York said he was honored to have received the endorsement. He also said it was "very brave" for the officers to make the endorsement considering they have to work for Cleveland, for the moment.

Cleveland proved true to his colors, immediately going on the defensive, saying that police shouldn't be involved in political activity. Sheriff's Sgt. Tony Breen, union president, said he believed favoritism and fairness in promotions were the two main issues for union members. Some members believe Cleveland has wrongly promoted those who were friendly with him, passing over others who were more qualified, he said.

York, a retired State Police senior investigator, said he was "honored" to have gotten the union's nod and said the fact that Cleveland didn't get any votes "shows they are unhappy with the way things are going there." Cleveland said he was "disappointed" Thursday -- not just over the fact the union supported York, but that it chose to endorse in the race at all. He said the union has not endorsed candidates in the past.

The times they are a changing----for the good.

"I don't think they should be doing endorsements at all," Cleveland said. "Policemen should not be involved in political activity." We're sure his tune would have been different had he been the one endorsed. He claims contract negotiations and the firing last year of veteran patrol officer Jeff Clarke fueled the dissent but Breen said the issue very simply is what everyone knows----Cleveland himself, responsible for the low department morale and Cleveland's well known favoritism.

The PBA endorsement was a slap in the face to Cleveland, his own officers don't support him, a resounding show of "no confidence" in him and his management. On Thursday, April 26, the Warren County Republican Committee will render their endorsement and if they have a finger on the pulse of the public and are sincerely interested in endorsing the most qualified, experienced person for the job, one who has the respect of the public and who will fairly and honestly serve and protect all the people in Warren County, not just certain individuals, Bud York will be the GOP's candidate.

The State Police investigators' union has already endorsed York and we'd expect that the Glens Falls Police Benevolent Association will endorse York too after all of Cleveland's ill-advised attempts to take over the Glens Falls PD. Cleveland has long has designs on totally controlling law enforcement in Warren County. He has alienated both the State Police and the Glens Falls Police Department and most recently, teamed up with Warrensburg supervisor Kevin Geraghty to force out the Warrensburg PD. Cleveland can raise all the stink he wants and stomp his feet while waving copies of the Hatch Act but the members of the PBA were well within their rights to endorse the candidate of their choice.

Cleveland's days of sheriff are numbered and that's a big 10-4!! 4-22-07

© 2007 North Country Gazette