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August 10, 2012

Hanceville campaign letter riles police; may have broken FCPA laws

HANCEVILLE — Election season can be brutal for those seeking office, with candidates and supporters painting themselves, and their opposition, in high-contrast shades of black and white.

In the Hanceville mayor’s race, a letter placed in mailboxes throughout the city last week didn’t just castigate Hanceville’s current mayoral administration and its police force with strident accusations — it may have violated U.S. postal codes, as well as Alabama’s fair campaign practice laws.

So said Hanceville police chief Bob Long at Thursday’s regular city council meeting, where several Hanceville police officers showed up to counter claims made against them in the anonymous letter, and to caution its purveyors to do their politicking in a way that won’t force them to get involved.

“This week, I was given a copy of a letter which was presented as a paid political advertisement by ‘Citizens for a Transparent Government,’” said Long. “Originally, these letters were placed illegally in mailboxes throughout town. We contacted the U.S. Postal Inspector’s agency, and they have launched an investigation.

“Later, these same letters were mailed out to our residents, and we received many complaints from resident who were upset with the letter. It appears that whoever put these letters out in this fashion may have violated certain sections of Alabama Title 17, which ensures fair election processes. We have have begun an investigation and will also forward the information to the proper authorities, if needed.”

In order for a political communication to claim sponsorship from a paid political group, that group has to exist in the eyes of the law. It must incorporate under guidelines set forth in the Fair Campaign Practices Act (Section 17-5 of the Code of Alabama), and any electioneering communication from that entity must follow additional guidelines established in Section 17-5-12 to identify its origin.

Long said police had checked with the Cullman County probate judge’s office and the Alabama Secretary of State to verify the existence of Citizens for a Transparent Government, but were told no such group exists.

Hanceville police chaplain Pat Thompson took the floor during the meeting’s public comments, with a prepared statement outlining the department’s opposition to the letter’s anecdotal allegations of sloth, nepotism, incompetence and ethical indiscretions.

“I’ve been asked to speak on behalf of the officers, dispatchers and employees of the police department,” Thompson said. “It’s come to our attention, and it’s been said on various occasions, that we’re not happy with our jobs and with our leadership. That’s simply not true.

“Since we’ve been under the leadership of chief Bob Long, our morale, for the most part, has been very high. I firmly believe that is because we are working under a chief, and a mayor and council, who support us in every way. From the beginning, chief Long has led from the front. I have never had any regret about coming to work and doing my job, and I am told by the other police officers that they share the same opinion.

“We can simply look around and see how things have grown in the last few years. We are better-equipped and better-trained, now, than we have ever been before. Have there been some mistakes? Yes, of course, as there will be in any department. But that doesn’t mean that we are not trying to do our best to serve and to protect the citizens of the City of Hanceville on a daily basis.

“It is our ambition as officers to be viewed by the public in a good light, but sometimes we are required to do things that some may not agree with. We would request that everyone remember that we are sworn to uphold the law, no matter how petty others may think the law is. We desire the support of the citizens of Hanceville, and we have been working very hard to try to gain that.”

Thompson’s words drew standing applause from most of the two dozen people who attended the meeting, including several uniformed police.

Long didn’t rule out prosecution, if the investigation identifies the letter’s author. But, he said he’s more interested in keeping local politics on the right side of the law and in deterring campaigning that requires police intervention.

“We know it’s an election year, and I have maintained a policy that we, as a department, do not take sides as candidates campaign for office,” Long said. “Really, we just want the whole process to be civil, and for everybody to remember that we all see each other every day; that we all share in the same city. Whoever wins these races will have our support, just as the current mayor and council have our support. We just want everything to be legal and fair.”



*Benjamin Bullard can be reached by e-mail at bbullard@cullmantimes.com or by telephone at 734-2131 ext. 270.

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