Candidate for Anne Arundel County Executive Requests a Legal Opinion
By Daniel de Vise
Washington Post Staff Writer
Thursday, May 5, 2005
A prominent Anne Arundel Republican running for county executive may be violating a federal restriction against politics in the federal workplace by working for the federally subsidized Maryland Transit Administration.
Phil Bissett, a former state delegate who narrowly lost a challenge to County Executive Janet S. Owens (D) three years ago, hopes to win her job next year, when Owens's term expires and she is barred by term limits from running again. He'll be one of at least three potential GOP candidates in a race that could become the most expensive in Anne Arundel history.
Bissett's campaign acknowledged yesterday that his candidacy may put him in violation of the Hatch Act, a 1939 measure tailored to prevent taxpayer dollars from being used for partisan politics. The Hatch Act covers executive-branch state and local employees of programs financed by federal money. The MTA collected $162 million in federal subsidies in fiscal 2004.
"This matter requires careful review," Bissett said in a statement issued in response to a telephone inquiry from a reporter. "I intend to take whatever action is appropriate to be in full compliance with the law."
Bissett's campaign manager, Diane Rey, said the candidate had requested a legal opinion on the issue from the U.S. Office of the Special Counsel, which enforces the Hatch Act.
"We want people to know that we're aware of it, we're working on it, and when we have news to share on it, we plan to do so," Rey said.
Once the opinion has been reviewed, Bissett said, he will issue a statement on how he plans to proceed by May 16. Until then, he would have no further comment, he said.
Bissett, 48, is paid about $92,000 a year as director of MARC, the Maryland commuter train and bus system, since his appointment in December by Gov. Robert L. Ehrlich Jr. (R).
The Hatch Act is a mainstay of campaign controversy. It was central to allegations of improper fundraising by the Clinton administration, which acknowledged placing fundraising telephone calls from the White House and inviting donors to sleep in the Lincoln Bedroom during the 1996 campaign. The chief of staff to D.C. Mayor Anthony A. Williams (D) resigned in 2004 before being charged with violating the Hatch Act by urging government employees to work for the mayor's 2002 reelection campaign.
Bissett, of Mayo, is a former Giant Food warehouseman who spent eight years in the General Assembly and rose to chairman of the Anne Arundel delegation. He ran against Owens in 2002 and received 48 percent of the vote.
Since then, Bissett has held three jobs in the Ehrlich administration, first as legislative liaison for the Department of Natural Resources, then as an executive at the Motor Vehicle Administration and now with MTA.
Although it is too early to declare candidacy for the county executive job, Bissett has launched a campaign Web site and raised funds. He will face at least two Republicans, Del. John Leopold of Pasadena and Annapolis attorney Dirk Haire, who have signaled their intentions to run. The most recent campaign finance reports show Bissett with a campaign balance of $61,254 as of January, compared with $348,720 for Leopold and $151,317 for Haire.
Several potential Democratic candidates have surfaced, including Sheriff George F. Johnson IV, with a campaign account balance of $130,038 as of January.
Potential Hatch Act violations are considered by a Merit Systems Protection Board. If the board finds a violation, the employer must either remove the employee or forfeit a portion of the federal aid equal to two years' salary of the employee.
Cathy Deeds, a spokeswoman for the federal agency, said she could not comment on a specific case.
An advisory from the office to would-be candidates states, "It has long been established that an officer or employee of a state or local agency is subject to the Hatch Act if, as a normal and foreseeable incident of his principal position or job, he performs duties in connection with an activity financed in whole or in part by federal funds."
Staff writer Matthew A. Mosk contributed to this report.
