State-Journal.com - Hatch Act: Melton resigns as an officer or runs for sheriff, not both

Pat Melton, Democratic nominee for Franklin County sheriff, says he’s resigned as a Versailles police officer to ensure compliance with a federal act governing political activity.

Melton, 43, told The State Journal his resignation would take effect today to comply with the Hatch Act of 1939.

The law restricts political activity of any federal employee, but also includes many state, county or city employees whose agencies receive federal funding, Melton said.

The act only applies to partisan elections, said Craig Blanton, Melton’s campaign manager who came to The State Journal office with Melton Thursday to explain his resignation.

Melton said he was advised that the Hatch Act provision applies to the Versailles Police Department since the City of Versailles has received federal grants.

The police department receives federal funding that includes overtime monies, support for its K-9 unit, a U.S. Department of Homeland Security Grant and a Byrne Grant for items ranging from police vehicles to laptop computers and printers, Melton said.

If the Versailles Police Department isn’t in compliance with the Hatch Act, “these federal monies are put in serious jeopardy,” Melton said.

“I appreciate the police department and the opportunities they’ve given me.

“I will not allow my decision to campaign for Franklin County sheriff to adversely affect the federal funding that the police department receives, or the people who have been so good to me and my family.”

In a statement Thursday, Versailles Police Chief John Wilhoit said he respects Melton and his decision to resign.

“Officer Melton has been an asset to this department and we have definitely benefited from his expertise,” Wilhoit said. “I really hate to see him leave us, but I understand and appreciate his decision.”

Melton said about 30 days after he won the May Democratic primary, there was an inquiry made to the federal government to see if Melton as a police officer was compliant with the Hatch Act.

The person who made the inquiry “remains anonymous under the Whistleblower Protection Act,” Blanton said.

Blanton said he’s learned recently that the U.S. Office of Special Counsel, which oversees the Civil Service Reform Act, doesn’t typically “look for stuff like this. They only act when somebody makes an inquiry.”

“… We got a ruling a couple of weeks ago saying Pat may not be in compliance. It was an administrative action, not a criminal one.

“We’ve been researching it like anybody would do and we came to the determination that Pat had two options. He could resign as a police officer or withdraw from the sheriff’s race.

“So Pat chose to do the right thing, which was to not harm the city of Versailles or its police department. He made the choice to put the harm on himself by resigning his position.”

When asked what his salary was as a police officer, Melton said his “take home pay after taxes was about $2,500 a month,” or $30,000 a year.

He said it would have been nice if he could have kept his job until after the November election.

“But this is going to afford me the opportunity to campaign full time,” Melton said. “That’s the great thing about it.

“Being sheriff in this community means a lot to me. It means enough that I’m willing to resign my position.

“The Melton household is going to start pinching pennies and tightening their belts like everybody else is in these tough economic times. We’re going to do what we have to do to make it.”

Melton said he came to The State Journal office because “it was very important to be open and transparent about it.

“We’ve run a very positive campaign. We’ve had nothing bad to say about anybody and we’re not going to.

“I’ve worked hard to earn the confidence of the citizens of Franklin County.

“I’m committed to them and today that commitment became even stronger.”

Melton defeated incumbent Sheriff Steve Clark by 69 votes in the Democratic primary.

Clark, who has endorsed Republican sheriff candidate and Frankfort Police officer Derrick Napier, was asked by The State Journal Thursday if he filed the inquiry to federal government regarding Melton.

“No, and I’d take a polygraph to prove it,” said Clark, who was a Frankfort Police officer before being elected sheriff four years ago.

Napier couldn’t be reached for comment.