Greiner's attorney, Jim Bradshaw, confirmed Friday that the chief received a letter from the U.S. Office of Special Counsel on Thursday, advising him that investigators believe his campaign violates the Hatch Act.
For now, Greiner is neither quitting his job nor the race to represent Senate District 18 in Ogden and northern Davis County. He has two weeks to decide whether to challenge the special counsel's letter. The election is Nov. 7 - 2 1/2 weeks from today.
"Our intention is to convince them that they are, in fact, wrong. The law does not apply to him," said Bradshaw, emphasizing that Greiner is not accused of any wrongdoing or unethical conduct.
The Hatch Act bars federal employees - as well as state and local employees in executive positions of agencies that receive federal funds - from seeking partisan elective offices. Passed in 1939 amid political corruption, it was intended to prevent federal employees from campaigning.
"The idea that a bureaucrat from Washington, D.C., can come in and affect a local election like this is wrong and offensive to a lot of people," Bradshaw said.
The Ogden Police Department is not budgeted to receive federal funds this year, but federal grant money was in the budget for the year that ended July 1, well after the chief began his campaign that unseated incumbent Sen. Dave Thomas in the primary.
The grant paid for bullet-resistant vests for officers, Bradshaw said.
Senate President John Valentine, R-Orem, said Friday that he has asked Attorney General Mark Shurtleff to investigate whether the Hatch Act should apply to Greiner.
Shurtleff's preliminary research indicates that it should not, Valentine said, pointing out that it also was an attorney in Shurtleff's office who assured Greiner, before the chief entered the race, that he did not fall under the act.
"He is running in good faith. It would be an absolute shame if voters didn't have a choice in two weeks," Valentine said. "Just because he's purchased some bullet-proof vests for his officers - that precludes him?"
Greiner said in an e-mail to reporters that it's obvious someone - the state Democratic Party filed the complaint - is trying to use a technicality to eliminate him as a candidate.
"Cowardly acts are generally done by cowardly people who don't want to address the issues of the day that are a concern to the residents, in an open manner," he wrote.
His opponent, Democrat Stuart Reid, who said he didn't file the complaint, declined to comment about his opponent.
But, Reid said, a similar complaint - he does not know who filed it - was made against him last spring, and in July, the U.S. Office of Special Counsel cleared him of any Hatch Act violations. Reid's consulting business provides oversight for Business Depot Ogden, a business park that received federal funds for several years after it was turned over by the Army to the city.
Reid is a former Ogden city employee. He said the BDO is not receiving federal money this year, nor does he believe it received any last year.
The complaint against Greiner was one of two filed in September by the Utah Democratic Party.
"It was just done to ask whether the police chief was following the law. We didn't make it a public issue," said party Chairman Todd Taylor.
The other Democrat-initiated complaint was filed against Jay Brummett, a Murray resident who heads up Ogden City's Information Technology department. He is trying to unseat Democratic incumbent Mark Wheatley in House District 35.
Brummett said Thursday that he has not yet been contacted by U.S. Office of Special Counsel investigators.
Taylor said that during every election cycle, Democrats lose candidates because their state and local government bosses - often Republicans - invoke the Hatch Act.
Meanwhile, City Attorney Gary Williams said he is not advising Greiner about whether he should resign or quit the Senate race.
"The candidates are big boys. They can handle their own legal issues. The city won't get into it until some determination is made."
kmoulton@sltrib.com
What's next for Greiner?
Jon Greiner and his attorney have two weeks to convince investigators for the U.S. Office of Special Counsel that he should not fall under the Hatch Act. If the office agrees, Greiner is in the clear to campaign for the Senate seat. If not, Greiner has a choice to make. He can quit his job as Ogden police chief and face no more problems. If he quits the race, his name will remain on the ballot, but votes for him will not be counted. If he quits neither his job nor his bid for office, Greiner risks a complaint from the Special Counsel to the Merit Systems Protection Board. An administrative law judge would hear evidence and decide the penalty, if any. The typical penalty for violating the Hatch Act is that the employer - in this case Ogden - forgoes two years' salary for the employee, and the employee is prohibited from working in state and local government for 18 months, according to an attorney for the Office of Special Counsel. Because Greiner makes more than $104,000 a year, Ogden City's penalty could amount to more than $208,000.
