tag:blogger.com,1999:blog-12703782.post2882732585115761284..comments2020-04-11T03:30:02.282-05:00Gary R. Welshhttp://www.blogger.com/profile/15185079937305083438noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-12703782.post-63371899904357521752007-11-23T12:16:00.000-05:002007-11-23T12:16:00.000-05:00The case wouldn't be removed to federal court because the federal court doesn't have jurisdiction to interpret 3-8-1-5. Also, the statute doesn't require a determination from a federal agency since it speaks in terms of whether a person's candidacy "would" violate the Hatch Act.<BR/><BR/>On the other hand, the best method of determining whether activity "would" violate the Hatch act would be to ask the agency charged with enforcing the act to issue a ruling. I'm not sure if there is a way for a county court to certify a question to a federal court - that might deal with the issue.<BR/><BR/>But I definitely think that this issue should also be investigated wrt Indianapolis city councilors.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-20659614247364770482007-11-23T11:48:00.000-05:002007-11-23T11:48:00.000-05:00This case is awash with T. Haute political intruigue. Enough nonsense for a docu-drama.<BR/><BR/>Much is uncertain, but this much I know: Ed Delaney is no stooge. <BR/><BR/>I am aware of the Federal Building stuff, though. The current offices housed there have outgrown the space. The GSA put out RFPs some time ago, and only one company allegedly fit the bill. I am also aware that Sen. Bayh had little or no influence--the GSA is a political office, a fact surely known to all who have watched that agency's former head twist in the wind lately. Seems a high-ranking GSA official was dispatched to management meetings to preach the Bush political line prior to the 06election, and someone bitched.<BR/><BR/>Evan Bayh has zero--less than zero--influence with this administration in such matters. At the time the RFP was let, he was No. 1 or No. 2 in prsidential camnpaign fund-raising, so the Bushies were loathe to rant him any special considerations. Plus, Repubs controlled the Senate.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-16208177781734345642007-11-23T08:59:00.000-05:002007-11-23T08:59:00.000-05:00Having dealt with a few Hatch Act questions as a federal agency attorney in Indiana a few years back, I still wasn't aware until I read your item this morning that the Act was actually referenced in the Indiana statute. No longer having the online resources I had prior to retirement, I can't say for sure, but it would seem to me that this type of issue, involving as it touches upon state enforcement of a federal statute, would have to have been litigated a number of times in the past. My own experience was the Office of Special Council procedures could be slow, and the discretion not to investigate was fairly conclusive. Is a state judge powerless to enforce/enjoin at least blatantly obvious (which this one doesn't seem to be) instances while the OSC goes through its proceedings? Should this be something that gets removed to federal court? Interesting stuff.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-74598303371417360722007-11-23T00:05:00.000-05:002007-11-23T00:05:00.000-05:00Institutions of higher education are exempted from the Little Hatch Act's provisions.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-38461065429988797622007-11-22T21:35:00.000-05:002007-11-22T21:35:00.000-05:00Do you know of any legislators who might be affected? Does Ivy Tech get any federal funding?Anonymousnoreply@blogger.com