Dear Editor:
(In response to: ‘Wrong to run? Candidate’s actions questioned after violation,? The Citizen, Aug. 16, page 1)
I would like to respond to the opening comment, ‘a federal attorney has reportedly exonerated Township Trustee David Ax following charges he violated the Hatch Act as a candidate for township treasurer in the primary election.?
Exonerated is defined as ‘to free from blame, a responsibility, obligation or task.? I believe this leads the readers to think he was falsely accused. The federal attorney that called my office on Aug.6 clearly stated that Mr. Ax was advised he was in violation of the Hatch Act and in order to come into compliance with the law he needed to immediately withdraw from the election or resign from his employment. I do not think this is the same as being ‘exonerated.?
In a letter from the U.S. Office of Special Counsel, Mr. Ax was notified that no disciplinary action would be pursued because he did resign his employment, but should he again become a candidate for partisan public office while employed in a Hatch Act covered position it would be considered to be a willful and knowing violation of the law.
Mr. Ax indicated that the Federal Attorney called my office. She had called him first to know if he had run for office. Just to be perfectly clear, I called the U.S. Office of Special Counsel after Supervisor DePalma told me about his conversation with Dave Ax on the morning after the election. After completing their investigation, Mr. Ax was notified by the attorney for the Office of Special Counsel. We, in turn, received notification of his violation and what he must do to avoid disciplinary action.
Later in the article Mr. Ax stated that, ‘I never told DePalma it was an illegal campaign; rather, I did not know what the Hatch Act requirements were.? At the township board meeting on Aug.11, I think everyone heard Mr. Ax say, ‘I don’t remember exactly what I told Mr. DePalma. I may have said it might be illegal.?
If the word illegal had not been used, Mr. DePalma would not have had any reason to notify me immediately the next morning. Supervisor DePalma was very upset with his statement and very concerned with regard to the other candidates. If in fact Mr. Ax knew this, he should have come forward prior to the election.
Yes, I do agree with Mr. Ax’s statement, ‘this hurts,? it hurts all of the candidates, the voters, the township board and the community he stated he will continue to serve.
The record should be set straight, not just for the candidates that run clean campaigns, but also to protect the integrity of our election process. My office will strive to ensure that our elections are fair, accurate and comply with all of the laws. When I am advised of a possible illegal action I will always act promptly.
Pamela Mazich,CMC
Groveland Township Clerk