Sheriff's Candidate Brushes Off Hatch Act Complaint

Spotsylvania County Sheriff's candidate Lt. Col. Michael Timm may have violated the federal Hatch Act which prohibits campaigning in uniform. At the heart of the complaint are a series of videos that show Timm appearing at campaign events while in uniform or wearing sheriff's office insignia.

The Hatch Act primarily applies to employees of the federal government and is designed to prevent federal employees from using their positions to influence elections. However, the Hatch Act also governs the campaign activities of state and local employees whose departments receive federal funding. A number of programs, offices and equipment utilized by the Spotsylvania County Sheriff's Office are at least partially funded by federal dollars. Indeed, one of Timm's job duties within the Sheriff's Office is to act as the point man for Federal grant funding requests. Violations of the Hatch Act are administrative offenses. 

A Spotsylvania County Sheriff's Office detective on Tuesday went public with a statement that she filed a complaint against Timm to the independent agency that investigates alleged violations of the Hatch Act. 

Detective Robin Kocher's letter to the federal Office of Special Counsel charges  Timm with campaigning in uniform along with a number of other transgressions previously reported in the media. 

"Candidates for sheriff should know and respect both the law and ethics expected of law enforcement officers," wrote Kocher in her email to members of the local media alerting them to her filing the complaint.  "The fact that illegal activity takes place in a campaign does not make it any less illegal. Campaign laws exist specifically for campaigns, and they should not be considered lessor or taken any less seriously just because an accuser or those providing evidence supports an opposing candidate, as do I."

Kocher's letter was sent to reporters at Fredericksburg Patch, the Free Lance Star, the Washington Post and local radio stations. 

Timm declined to be interviewed over the phone, but did release a statement to Patch through email.

"I would really rather not get involved in what appears to be yet another attack aimed at discrediting my thus far honest campaign for Sheriff of this fine county. I have taken the high road and not indulged in any mud-slinging tactics and plan to continue that way," wrote Timm. "I do see this latest complaint as just that, another attack against me by my opponents. If an investigation is warranted, then I say let it run its course and I'll await its final outcome. "

The videos, posted by YouTube user VaNewsShooter, were shot at a town hall campaign meeting at the Salem Church branch of the Central Rappahannock Regional Library and added to YouTube on Tuesday, June 21. The video shows Timm answering questions from county residents while wearing a Spotsylvania County Sheriff's Office uniform. 

Timm's campaign has already been should he win the race. He was also Commonwealth's Attorney , although he originally wanted to fine him. 

This is also not the first time that the Spotsylvania county sheriff's race has been beset by charges of abusing official power and influence over the election. Documents from the Virginia Alcoholic Beverage Control Bureau of Law Enforcement show that the ABC conducted two different internal investigations after Sheriff Howard Smith filed complaints on Feb. 2 and March 7 that ABC Special Agent Carter Wells had been campaigning while in uniform and on duty.

Smith, who has endorsed Timm for sheriff, reported that he had heard Wells may have visited voters and politicians to rally support for Roger Harris, who is Timm's opponent. 

ABC investigators found no evidence of wrongdoing and closed both cases.

Timm is engaged in a three way race for Sheriff against Harris and candidate Brian Bettis. The election is Nov. 8.