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8/21/02

Holland, Davis can run in Macon

By Scott McLeod


As the clock ticked toward noon on Monday, Aug. 14, Det. Robbie Holland was preparing to do something he dreaded — resign from the Macon County Sheriff’s Dept. The thought of giving up his work with juveniles and serving the public weighed heavily on him.

Holland and fellow candidate and sheriff’s deputy Jim Davis had been warned by federal investigators that their candidacies for sheriff violated the Hatch Act, an obscure federal law that prohibits some local and state government employees from running for elected office.

Then, at 11:40 a.m., a call came to the sheriff’s office. Special counsel Ana Garindo-Marone told Sheriff Homer Holbrooke not to accept the resignation of the two men. She said that reassigning Holland and Davis met the act’s requirements. They could keep their new jobs and continue running.

“This is dirty politics at its finest,” said Holland of the whole episode.

The Hatch Act investigation in Macon County had already driven sheriff’s deputy Bob Scott out of the county commissioners’ race. Although federal investigators won’t discuss who tipped them off to start the investigation, Holland said he doubts they had good intentions.

“I would hope that someone did this for the good of the community and not personal gain, but I doubt it,” said Holland.

Holland and Davis — two Republican candidates for sheriff — were allowed to transfer to other jobs within the department. The new jobs apparently do not violate the tenets of the Hatch Act because federal investigators have said the pair can continue their quest for office.

The Hatch Act was passed by Congress in 1939 and limits state and local employees from running for office if their jobs are connected with programs financed in whole or part by federal loans or grants. Bob Scott, whose job involves applying for federal grants, was forced to drop his bid for the county board by federal investigators.

Davis was chief deputy but has now been assigned as a captain in the detention center. Det. Holland, who headed up the county’s juvenile investigation unit, will now be lead sergeant over the patrol units. The ruling from the Special Counsel’s office in Washington, D.C., stipulates that the two law enforcement officers may not return to their former jobs after the election.

Holland said the investigator for the Office of Special Counsel that enforces the Hatch Act also warned him that if he lose the election, he should not be placed back in his former position.

“They said if they find out that I was back in my old job, they would prosecute to the fullest extent of the law,” said Holland. “That gets the attention of someone in law enforcement.”

Holland and Davis will compete in the Republican primary against Tim Fish, Patricia Taylor, David Houston and Fred Munger. Democratic candidates for Macon County Sheriff include David Jones, Tom Pruett Jr., Jeff Barrett and Pete Haithcock.