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Fairfax County Public Schools (FCPS)
Reply to "APS - Who is running for School Board?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]So, maybe someone was actually harassing her. Maybe someone was emailing her constantly, being abusive. Maybe yelling at her. Maybe calling her employer and complaining in a way that includes personal attacks and words seeking to get her fired. It is one thing to Force a competitor to back out if seeking the dem endorsement. It is another to do it in an unprofessional and harassing way that could consequences far beyond this election. Those are the details I would want to know about before accusing her of playing victim here.[/quote] +1. I don't know why people are assuming she wasn't wronged. I also think the people attacking her have never worked for a federal agency. As a federal agency attorney, I would not be at all shocked if (a) she initially got approval, (b) someone kept complaining about her, and (c) higher ups then told her to run as an independent. Many bosses change their mind under pressure, especially in a government bureaucracy. [/quote] Here is language from the 2002 Office of Special Counsel opinion that earliest posters have referenced. The opinion is dated January 18, 2002. It seems the law is pretty clear and Symone's ineligibility to participate in the Dems SB caucus is for legal reasons: "Generally, the Hatch Act prohibits federal executive branch employees, such as you, from running for public office in a partisan election, i.e., an election in which any candidate represents, for example, the Democratic or Republican Party. However, the county in which you reside, XXXX County, is a designated locality pursuant to the Hatch Act. 5 U.S.C. § 7325; 5 C.F.R. § 733.107. Covered employees residing in designated localities are permitted to run as independent candidates for election to partisan political offices in elections for local office in such localities. 5 C.F.R. § 733.103(b)(1). Therefore, as long as you remain a resident of XXXX County or other designated locality you may be an independent candidate in a partisan election for local office. As to your wife’s position as Chair of the XXXX Democratic Committee (XDC) and her participation in your campaign, the main issue is whether her assistance may transform your candidacy from independent to partisan. For example, if you solicited or advertised the endorsement of the Democratic Party or other partisan political party, or used the resources of XDC or other partisan political party to further your campaign, these actions could transform your independent candidacy into a partisan one. See Special Counsel v. Campbell, 58 M.S.P.R. 170 (1993), aff’d, 27 F.3d 1560 (Fed. Cir. 1994). Thus, although your wife may assist you with your campaign, she may do so in her personal capacity and not as a representative of the political party." [/quote]
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