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November 16, 2007

Letter challenging Bennett’s eligibility

Anonymous The Tribune Star Fri Nov 16, 2007, 04:44 PM EST

• The following is the text of the letter sent to Duke Bennett, Galen Goode and William Treadway. The original letter was written on a DeLaney & DeLaney L.L.C. Attorney’s At Law letterhead.

Via Hand Delivery and Federal Express



November 13, 2007



Duke Bennett

108 E. Lawrin Boulevard

Terre Haute, IN 47803



William Treadway

Republican County Chariman for Vigo County, Indiana

Voter Registration Office

33 South 3rd Street

Terre Haute, In 47807



Galen Goode

Chief Executive Officer

Hamilton Center

620 Eighth Avenue

Terre Haute, IN 47804



Re: Duke Bennett’s status under the Hatch Act



Dear Mr. Bennett, Mr. Treadway, and Mr. Goode:



Our law firm has been engaged by Mr. Kevin Burke to represent him regarding the Terre Haute mayoral election. We write today to inquire as to your understanding of Mr. Bennett’s status under the Hatch Act. Please review this letter with your attorney and respond to us as quickly as possible. Given the impending deadline for Mr. Burke to file a contest to the recent election, we would appreciate the courtesy of your response within twenty-four hours.



We are concerned that under the Hatch Act and the Indiana Code, Mr. Bennett may not be a legal candidate for the office of Mayor of Terre Haute. See 5 U.S.C. § 1501 et seq. (the “Mini Hatch Act”); I.C. 3-8-1-5(c)(6).1 Mr. Bennett’s employment by the Hamilton Center is the cause for our concern. We understand, and the website for the Hamilton Center confirms, that the Hamilton Center runs an Early Head Start program that is supported by federal grant funds. As a managerial employee of a recipient of such federal funds, Mr. Bennett may be disqualified from holding a local office. See 42 U.S.C. § 9851 (“For purposes of [the Mini-Hatch Act] any agency which assumes responsibility for planning, developing, and coordinating Head Start programs and receives assistance under this subchapter shall be deemed a State or local agency.”); 5 U.S.C. § 1502(a) (a “state or local officer or employee may not … be a candidate for elective office”); 5 U.S.C. § 1501(4); IC 3-12-8-2(1). If Mr. Bennett was ineligible to run for office at the time of the election, he will not be able to serve as Mayor of Terre Haute. See Patterson v. Dykes, 804 N.E.2d 849 (Ind. Ct. App. 2004).



In light of the Hatch Act’s restriction on recipients of Head Start Program grants running for and/or holding office, we have several questions regarding Mr. Bennett’s position with the Hamilton Center and the Hamilton Center’s federal funding:



(1) Is Mr. Bennett currently employed by the Hamilton Center, and, if not, what was his separation date from the Hamilton Center?

(2) What are Mr. Bennett’s job duties, to whom does he report, and who reports to him?

(3) How is Mr. Bennett’s position at the Hamilton Center funded?

(4) Is Mr. Bennett’s salary at the Hamilton Center paid with federal dollars, either in whole or in part?

(5) Does Mr. Bennett handle federal dollars or supervise in any way those who do in his position at the Hamilton Center?

(6) Is Mr. Bennett responsible for receiving, disseminating, or reporting on dollars received by the Hamilton Center?

(7) What involvement has Mr. Bennett had in the Hamilton Center’s Early Head Start program and/or obtaining funding for that program?

(8) Does the Hamilton Center receive any federal funds other than Head Start funds? If so, what are the sources and dollar amounts of those funds, who applies for the funds, who reports on them, and what involvement has Mr. Bennett had in obtaining and/or administering those funds?

(9) What are the dollar amounts of the Head Start grants received by the Hamilton Center, by year of receipt?

(10) Does Mr. Bennett review the guidelines the federal government provides when Head Start funds are applied for and grated? If not, who at the Hamilton Center does review the guidelines?

(11) What reason, if any, does Mr. Bennett have for believing that the Hatch Act and/or Mini Hatch Act does not preclude him from holding the office of Mayor of Terre Haute?



We appreciate your prompt attention to these questions. If we are not able to discuss the matter by Thursday, we will file a court action seeking to depose Mr. Bennett and Mr. Goode immediately on the preceding and related questions. We hope that will not be necessary. You can reach our firm at (317)920-0400. We ask that you direct your response to me and/or Ed DeLaney.



Sincerely,

Ann M. DeLaney



Cc: Kevin Burke



1 “A person is disqualified from assuming or being a candidate for an elected office if … (6) the person is subject to: (A) 5 U.S.C. 1502 (the Little Hatch Act); or (B) 5 U.S.C. 7321-7326 (the Hatch Act); and would violate either federal statute by becoming or remaining the candidate of a political party for nomination or election to an elected office or a political party office.” I.C. 3-8-1-5(c)(6).

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