Bjorne vows to fight on despite Hatch Act obstacle
By SAM EGGLESTON, Journal Ishpeming BureauISHPEMING — According to the U.S. Office of Special Counsel, Ishpeming Police Chief Jim Bjorne’s candidacy for Marquette County Sheriff is in violation of the 1939 Hatch Act. But Bjorne said he’s not going down without a fight.
The interpretation, which was e-mailed to Bjorne from Hatch Act Unit Attorney Erica S. Hamrick Thursday afternoon, states that the Office of Special Counsel will refrain from legal action at this time and will give Bjorne until April 4 to make a decision regarding his candidacy.
“Thus, this letter serves as a notice that OSC has reasonable grounds to believe that your current candidacy in the partisan election for Marquette County Sheriff is in violation of the Hatch Act,” Hamrick’s e-mail explained. “Rather than pursue disciplinary action against you at this time, we are providing you with an opportunity to come into compliance with the law. To do so, you may withdraw your candidacy or you may resign from your position as Chief of the City of Ishpeming Police Department.”
According to the letter, failure to pursue one of the two options “could result in disciplinary action charges being brought against you.”
The Office of Special Counsel requested Bjorne make his decision by April 4 and provide either a letter of resignation to the city of Ishpeming or a withdrawal letter to an elections official. The Counsel also stated if Bjorne chooses to withdraw from the race he must stop all campaign activities, including organizing or encouraging a write-in candidacy.
“In my campaign, I talk about dealing with adversity of reduced staff and budgets and overcoming obstables that impede progress,” Bjorne said. “This is certainly an obstacle in my campaign for Sheriff, but I am not about to roll over and die on the issue.”
The Hatch Act was created to stop officials who work in state, county or municipal positions that receive federal funding from running for partisan office.
While the police department in Ishpeming does receive federal grant money for road patrols, Bjorne has never participated in those patrols nor is he responsible for scheduling them. According to city records, since 2003 the Ishpeming Police Department has received less that $1,000 in federal money.
“I use logic and reason in just about everything I do, and try as I may, I find nothing logical or reasonable in this interpretation of the Hatch Act,” said Bjorne. “Because most of Marquette County’s law enforcement agencies have chosen to accept grant funds to protect our highways from drunk drivers, aggressive driving and to promote seat belt compliance, officers in those agencies are precluded from running because of Hatch.”
Attorney’s from Bjorne’s campaign are looking into a possible legal route to fight the Counsel’s decision.
“I have two attorneys on my campaign committee that are looking into any appeal issues that may be available,” said Bjorne.
