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WPCNR CAMPAIGN 2006. October 13, 2006: The White Plains Republican Committee announced Thursday evening in a news release that the U.S. Office of Special Council, at their behest has “agreed to open an investigation to determine whether or not Mr. Power, the Chief Assistant to the County Executive, was violating federal law by running in a partisan election,” specifically violating the Hatch Act.
Dennis Power, Candidate for Common Council and Assistant to the County Executive. Photo 2005, WPCNR News Archive.
The investigation was initiated by Brian Maloney, the Chairman of the White Plains Republican Party August 18 and 19, when Maloney asked the OSC, an independent federal investigative and prosecutorial agency to examine Mr. Power’s duties with the county and his political appointment to the Common Council. On September 21-22, the news release reports the Federal Agency “agreed” to investigate.
According to the news release received 6:15 P.M. Thursday evening, The Office of Special Counsel “will attempt to complete its inquiry as soon as possible.” (Mr. Power, a Democrat, is running against Cass V. Cibelli, the Republican Candidate in a Special Election November 7 to determine who will fill the remaining full year remaining in deceased Councilman Robert Greer’s term.) Alexis Greer, the deceased Councilman’s daughter had expressed interest in the seat, but was told, the news release alleges that Democratic supporters of Mr. Power had “made it clear that her nomination would not go forward.”
The Republican Party is also, the release reports, preparing a separate lawsuit with State authorities, the statement says, to “compel Mr. Power to either resign from his County employment,” which Maloney judges to present “conflicts with his duties and responsibilities as a Common Council Member.” The release notes that “if the Office of Special Counsel and the Merit Systems Protection Board determine that Mr. Power violated the Hatch Act, they may direct that the violation warrants dismissal of Mr. Power from employment; thereafter the employing agency (Westchester County) must either remove Mr. Power or forfeit a portion of the federal assistance equal to two years salary of the employee.”
The news release says the OSC investigation revolves around Federal Law 5 U.S.C. & 1502(a):
a State or local officer or employee may not: (1) use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; (2) directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or (3) be a candidate for elective office.
WPCNR notes for the record that after unsuccessfully running for Mayor of White Plains in 2005, (when no other candidate would step forward), Mr. Power was offered his present position of Chief Assistant to the County Executive at a salary of $76,000 a year in early 2006. Upon the death of Mr. Greer in June, Mr. Greer was appointed to Mr. Greer’s vacant seat, when he was already on the Westchester County payroll.
Mr. Maloney is quoted in the news release as saying “(d)espite Mr. Power’s self-serving statements to the contrary, it is impossible to credibly assert that his nearly six figure IDA financed salary is not and never will be a factor in his deliberations as a Member of the Common Council.”
WPCNR notes that Mr. Power, as a member of the White Plains Common Council avocated strongly for the Westchester County senior housing project at the Board of Elections parking lot a month ago before the County Board of Legislators, supporting a county project.
Mr. Power had received a legal opinion from Charlotte Indelicato, the County Attorney, on the propriety of his serving as a Common Council member and as an Assistant to the County Executive. Ms. Indelicato advised Mr. Power she saw no conflict as long as he recused himself in matters involving the county regarding the city, to wit “Situations may arise before you as a member to the Common Council where you may wish to recuse yourself in order to avoid even the appearance of impropriety.”
Ms. Indelicato had written Power that in her opinion he was not in violation of the Hatch Act when running for the Common Council, to wit:
NO. Since no federal monies are spent to finance in whole or in part, your position as an Assistant to the County Executive or any of the activities you perform in your employment with the County, the Federal Hatch Act does not impose any restrictions on your political activities or your political activities as a candidate for public office…Furthermore, there is no conflict of interest or incompatibility of offices for you to be.”
Ironically, Ms. Indelicato may have to defend that opinon.
The Office of Special Counsel was not available for comment late Thursday evening.