Connecticut, Dept. of Human Resources v. United States Merit Systems Protection Board

718 F. Supp. 125, 1989 U.S. Dist. LEXIS 9340
CourtDistrict Court, D. Connecticut
DecidedJuly 24, 1989
DocketCiv. Nos. H-87-406(JAC), Civ. H-87-779(JAC), Civ. H-88-65(JAC) and Civ. H-88-335(JAC)
StatusPublished
Cited by2 cases

This text of 718 F. Supp. 125 (Connecticut, Dept. of Human Resources v. United States Merit Systems Protection Board) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Connecticut, Dept. of Human Resources v. United States Merit Systems Protection Board, 718 F. Supp. 125, 1989 U.S. Dist. LEXIS 9340 (D. Conn. 1989).

Opinion

RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

JOSÉ A. CABRANES, District Judge:

These eases challenge the legality and constitutionality of determinations and orders of the defendant United States Merit Systems Protection Board (“the Board”) applying the Hatch Act, 5 U.S.C. § 1501 et seq.,1 to plaintiffs Wayne H. Camillieri (“Camillieri”) and Jack I. Winkleman (“Winkleman”), employees of the plaintiff State of Connecticut, Department of Human Resources (“the DHR”). The Board determined that Camillieri and Winkleman had each violated 5 U.S.C. § 1502(a)(3) by seeking elective office while employed by the DHR, and it further determined that these violations warranted the removal of Camillieri and Winkleman from their positions. After being informed by the DHR that Camillieri and Winkleman would not be removed, the Board ordered that federal funds be withheld from the DHR in an amount equal to two years’ pay of Camilli-eri and Winkleman. Pursuant to 5 U.S.C. § 1508, the DHR, Camillieri, and Winkle-man seek judicial review of these determinations and orders.2

Now pending before the court are motions for summary judgment filed by both sides.3 The parties had stipulated to the material facts in the proceedings before the Board, and they have adopted these stipulations for purposes of these motions. On December 7, 1987 oral argument was held on the motions for summary judgment in Civil Action No. H-87-406(JAC) and Civil Action No. H-87-779(JAC) (“the Camillieri cases”). I reserved decision and requested a supplemental memorandum. Soon afterward, Civil Action No. H-88-65(JAC) and Civil Action No. H-88-335(JAC) (“the Win-kleman cases”) were filed. The Winkleman cases appeared to raise virtually identical factual and legal issues as the Camillieri cases, and I ordered the four cases consolidated for pretrial purposes on June 17, 1988. I also deferred ruling on the summary judgment motions in the Camillieri cases until the Winkleman cases had reached the same procedural posture, so I could rule on both sets of cases at once.

On May 15, 1989 I issued an order noting that substantially similar motions for summary judgment were now pending in the Camillieri cases and the Winkleman cases and stating that I would rely on the December 7, 1987 oral argument in deciding the [127]*127motions pending in both sets of cases without having any additional oral argument. None of the parties raised any objections to this manner of proceeding, and therefore the motions are now ripe for decision.4

FACTS

The material facts in these cases are undisputed.

A.

Camillieri joined the DHR in 1979. By 1983, he had obtained the position of Human Resources Chief of Social Work Services. In that year he was elected to the Hartford City Council.

In January 1985 Camillieri was reassigned within the DHR to the position of Acting Chief of the Fair Housing Unit. The purpose of this reassignment was to give Camillieri a job that required less involvement with federally funded activities, while avoiding violation of the Connecticut law prohibiting demotion (or transfer to a noncomparable position) on the basis of political activities. In Camillieri’s new position, he spent a little less than half of his time in duties related to federally funded programs, primarily training and supervising hearing examiners who review appeals by individual applicants for participation in these programs. Camillieri himself neither heard these appeals nor set the policies under which the appeals were adjudicated. In addition, although he had the authority to review the decisions of the hearing examiners, in practice he only made revisions as to grammar and style.

On May 31, 1985 the Office of Special Counsel to the Board informed Camillieri that the Hatch Act prohibited him from being a candidate for reelection as councilman while maintaining his job with the DHR, and it warned him that seeking reelection would be considered a willful violation of the Hatch Act which could lead to his removal from his position with the DHR. In July 1985, Camillieri announced that he was running for reelection. During his candidacy for reelection, Camillieri remained on active duty as Acting Chief of the Fair Housing Unit. Camillieri was defeated in the primary election on September 10, 1985.

On March 10, 1986 the Office of Special Counsel to the Board filed a complaint with the Board charging Camillieri with a violation of 5 U.S.C. § 1502(a)(3).5 On December 18, 1986 the Board’s Chief Administrative Law Judge issued a recommended decision concluding that Camillieri was covered by the Hatch Act, because of the amount of time he spent in federally funded activities and the authority he had to review decisions concerning the disbursement of federal funds, and further concluding that he had knowingly violated the Hatch Act. The recommended decision also found that the violation warranted Camillieri’s removal from his position with the DHR. On May 12, 1987, the Board adopted this decision as its determination pursuant to 5 U.S.C. § 1505. On September 29, 1987, after being informed by the DHR that Camillieri would not be removed, the Board ordered, pursuant to 5 U.S.C. § 1506, that federal funds be withheld from the DHR in an amount equal to two years’ pay of Cam-illieri, $90,150.

B.

Throughout 1986 Winkleman held the position of Human Resource Development Senior Representative in the Monitoring and Evaluation Division of the DHR. In [128]*128that position, he reviewed and evaluated the management and effectiveness of community and social service programs funded in large part by federal grants. On July 25, 1986, Winkleman notified the Town Clerk of Wallingford that he was running as the Republican Party candidate for Judge of Probate.

On October 9, 1986, the Office of Special Counsel to the Board informed Winkleman that the Hatch Act prohibited him from being a candidate for Judge of Probate while maintaining his job with the DHR. During his candidacy for Probate Judge, Winkleman remained on active duty as a Human Resource Development Senior Representative with the Monitoring and Evaluation Division. A campaign organization was formed in furtherance of Winkleman’s race to become Probate Judge, and he solicited votes, authorized advertisements, and incurred campaign expenses. Winkleman was defeated in the general election on November 4, 1986.

On March 6, 1987, the Office of Special Counsel to the Board filed a complaint with the Board charging Winkleman with a violation of 5 U.S.C. § 1502(a)(3).

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Bluebook (online)
718 F. Supp. 125, 1989 U.S. Dist. LEXIS 9340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connecticut-dept-of-human-resources-v-united-states-merit-systems-ctd-1989.