Councilmember Graham's campaign contribution solicitation prompts questions

       The campaign fundraising letter distributed by Graham.

Judging by appearances, District of Columbia State Board of Education member Dottie Love Wade and 22 advisory neighborhood commissioners violated the federal Hatch Act when Ward One Councilmember Jim Graham’s re-election campaign listed their names and titles in a campaign fundraising letter.

The Hatch Act prohibits District employees from using their official authority or influence to affect the result of an election, soliciting or receiving a partisan political contribution, or running for a partisan office.  Congress amended the Hatch Act in 1993 to exempt the Mayor and City Council, but D.C. advisory neighborhood commissioners-- non-partisan elected officials who are not paid a salary--and the non-partisan Board of Education members are still considered to be federal “employees” under the Act.  An employee who violates the Hatch Act may be subject to dismissal from the government position.

Graham campaign spokesman Chuck Thies contends that appearances can be deceptive.  Although the commissioners “all agreed to be used as supporters,” the campaign did not vet the fundraising letter with any of the commissioners.  “These ANC commissioners are not involved in fundraising in any way for the councilmember,” he said.  Thies also points out that the letter included an asterisk next to the heading “Supporters,” which leads to a disclaimer at the bottom of the page: “Affiliations are for identification purposes only.  Does not imply an endorsement by organization.”  Thies bolsters his conclusion that the commissioners did not violate the Hatch Act by pointing out that Office of Special Counsel had not investigated the matter despite the circulation of the letter last Fall.

“These ANC commissioners are not involved in fundraising in any way for the councilmember.” -- Graham spokeman Chuck Theis

      Ward One candidate for D.C. Council Jeff Smith

Jeff Smith, who is challenging Graham in the Democratic primary this year, responded by saying: “Jim Graham has always blurred the lines between legality and illegality… Simply placing an asterisk next to one's name does not negate these prohibitions anymore than removing Jim's bowtie would negate his status as a twelve-year council member.”  Although Councilmember Graham himself is exempt from the Hatch Act, Smith alleges that “nearly all of his campaign staff has consisted of government employees under his supervision as a council member.”  He added: “When spotted conducting campaign business during government hours, the response from his government staff has always been that they put in a ‘leave slip.’”

Asked for comment concerning the use of her name and public office to solicit contributions, School Board member Wade, who serves as the campaign chair for the Graham campaign, said in interview: “I can support any candidate of my choosing . . . I’m not a government employee, I’m an elected official.”  Wade said she did not specifically authorize the use of her position to solicit funds, nor has she personally solicited funds on behalf of the Graham campaign.

Congresswoman Eleanor Holmes Norton (D-DC), has pushed for passage of the Hatch Act Reform Act (H.R. 1345).  The Act would amend the Hatch Act to subject the District only to the restrictions on partisan and political activity that currently apply to employees of state and local governments.  The U.S. House of Representatives passed the bill last year and the Senate Committee on Homeland Security and Governmental Affairs approved the Senate version on May 17 of this year.  The bill awaits further action in the Senate.

    Candidate Bryan Weaver is also an ANC.

Norton’s Act would permit the District to enact its own restrictions on political activity, but, according to the office of the District’s Secretary of the Council, Council Chairman Vincent Gray has not yet introduced such a bill.  Candidate Smith doesn’t trust the District government to enforce its own version of the Hatch Act.  Instead, he hopes that Congress will continue to assign the Office of Special Counsel enforcement responsibilities over the District rather than “codifying another law which veteran politicians ignore.”

Another primary challenger to Graham, Bryan Weaver, calls the application of the Hatch Act to Commissioners “ludicrous,” and he supports the spirit of Norton’s legislation.  Weaver’s position is understandable.  He currently serves as a commissioner on the Advisory Neighborhood Commission 1C and is therefore technically prohibited by the Hatch Act from running for the Council seat he seeks.  The Office of Special Counsel has thus far not enforced the Hatch Act against commissioners running for the D.C. Council this year.  “What I find more troubling about Councilmember Graham's list of supporters are all the individuals with their nonprofit affiliations,” Weaver said.  “[S]ome area nonprofits are clearly campaigning for one candidate or another using their official nonprofit emails,” he said.

Meanwhile, last week one of the commissioners appearing on Graham’s letter withdrew her support.  Although Commissioner Brianne K. Nadeau respects Graham and praises his constituent services program, with respect to “the deeper issues that really impact our Ward One community, he has lost touch and does not have the solutions we need to move forward.”  Nadeau now believes that Weaver is “the guy who can put us back in the right direction in Ward One.”  

As for the application of the Hatch Act to Advisory Neighborhood Commissioners, Nadeau summed up the view of many people: “We're not employees, we don't get paid, we have to be elected. None of it really makes sense.”  Nadeau's recollection concerning the fundraising letter is consistent with the storyline from the Graham campaign: "Jim called and asked if I would support him and I said yes. We never discussed exactly what that would mean... I have never done any fundraising for him."

“We're not employees, we don't get paid, we have to be elected. None of it really makes sense.” -- Ward One  ANC Commissioner Brianne K. Nadeau

The following advisory neighborhood commissioners appeared on the solicitation for Councilmember Graham’s campaign: ANC 1C Commissioners Kathy Boettrich, Michael Logsdon, Stacey Moye, Wilson Reynolds, Nancy Shia and Rosemary Akinmboni; ANC 1B Commissioners Gail Anderson Holness, Eduardo Ferrer, Myla Moss, Sedrick Muhammad, Brianna Nadeau, Peter Raia, Sandra Scottland, Deborah Thomas; ANC 1A Commissioners Luis Morales, Betty Pair, LaKeisha Thomas, Cliff Valenti, Calvin Woodland; ANC 1D Commissioners Gregg Edwards, Angelia Scott; and ANC 3C Commissioner Lee Brian Reba.

Disclosure: The author has previously supported the political campaigns of Graham electoral opponent Marc Morgan and Wade election opponent Patrick Mara.
 

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