AG violated Hatch Act, says US Office of Special Counsel

Evidence suggests that Attorney General Edward Buckingham violated the Hatch Act when he invited staff from his office to attend an August 2010 campaign party for recently confirmed Superior Court associate judge Joseph N. Camacho, who was then running for delegate to the U.S. House of Representatives.

This was according to the U.S. Office of Special Counsel in its letter to human rights advocate and former Rota public school teacher Wendy Doromal, who asked the OSC to look into Buckingham’s purported violation of the Hatch Act.

“The evidence suggests that Mr. Buckingham violated the Hatch Act by using the authority of his office to support a partisan political candidate,” the letter from OSC attorney Mariama Liverpool reads.

She said, however, that the U.S. Office of Special Counsel is closing the matter “without further action.”

The Hatch Act restricts the political activity of individuals principally employed by state, country, or municipal executive agencies in connection with programs financed in whole or in part by loans or grants by the U.S. or a federal agency.

Although the matter is now considered closed, the OSC letter said it has already warned Buckingham that further Hatch Act violations would result in direr consequences.

“We have advised Mr. Buckingham that should he again engage in Hatch Act prohibited activity while employed in a Hatch Act covered position, we would consider such activity to be a knowing and willful violation of the law that could result in his removal from his employment,” wrote Liverpool.

OSC said it determined that Buckingham was covered by the Hatch Act because the Attorney General’s Office was receiving federal grants from the U.S. Department of Justice in 2010, including the Violence Against Women Act grant, Domestic Violence Prosecution Program grant, Interagency Financial Crimes and Drug Taskforce grant, and a Juvenile Criminal Prosecution Program grant.

“As attorney general, Mr. Buckingham is the head of the Attorney General’s Office, and as such, it appears normal and foreseeable that in 2010 he had duties in connection with the aforementioned grants,” the OSC letter states.

OSC said it based its decision on an email the attorney general’s executive assistant sent to OAG employees on Aug. 19, 2010, informing them that Buckingam and his office will be hosting a gathering for delegate candidate Camacho.

Part of the email reads: “As our AG has said, this gathering is not mandatory, but it would be nice to see our attorneys and staff come and enjoy the food, drinks and view and be able to socialize with other people throughout the night while this gathering is ongoing.”

Buckingham should resign

On her website (www.unheardnomoreblogspot,com), Doromal said that Gov. Benigno R. Fitial should immediately fire Buckingham but doubts that will ever happen.

“If the governor respected the law and the people of the CNMI, he would fire AG Buckingham immediately. But he won’t. If the attorney general respected the law and the people of the CNMI, he would resign immediately. But he won’t. Not only did AG Buckingham violate the federal Hatch Act, but according to the Office of the Public Auditor he violated CNMI ethical and election laws,” she said.

“Hatch Act violations are serious, especially when committed by the Attorney General who is the highest ranking legal authority in any state or territory. He should be enforcing and upholding the law, not breaking the law. Attorney General Edward Buckingham should resign immediately,” she added.

Doromal however said that it’s unfortunate that OSC did not take action and wrote: “Perhaps the federal attorneys assume that when the news is made public, the AG would resign. After all it is not acceptable that the attorney general cannot follow the law.”ney general cannot follow the law.”