Township attorney clears councilman of violation allegations

| 29 Sep 2011 | 07:57

    Anonymous Internet campaign proves futile, By Terry McGahan WEST MILFORD — Following requests for investigation and an anonymous internet campaign, West Milford council member Bob Nolan has been cleared of violating federal regulations. Nolan had been alleged to be in breach of the Hatch Act, legislation which aims to prevent employees of federal or state funded organizations from participating in partisan politics. Nolan is an employee of the Mental Health Association of Essex County which is a private non-profit organization. Although a private entity, Nolan’s employer does receive grants from the New Jersey Department of Human Services which could have brought the councilman into conflict with the law. However, Township Attorney Fred Semrau spent several weeks reviewing the law and released his opinion just before the end of the year. Semrau’s conclusion reads “…based on the information provided, I am of the opinion that the Hatch Act does not apply to your [Nolan] employment status or position as a Councilman of the Township of West Milford.” Semrau consulted the U.S. Office of Special Counsel in Washington, D.C. for their opinion of Nolan’s role in both organizations and was given confirmation that the councilman’s position does not create conflict. The Special Counsel’s office operates as the official investigatory and advice body for the act. It would appear that the fact Nolan’s employer is not directly funded by state or federal government, but rather is in receipt only of New Jersey grants which puts him in the clear. The question of Nolan’s possible conflict came as a result of two separate requests for an investigation, one identified source, another less so. Councilman Joseph Elcavage in a telephone interview recently said, “I asked the township attorney privately to look into the Hatch Act and Councilman Nolan. I did it privately because I did not want to put Councilman Nolan in a position of having to defend himself when there may have been no need for him to do so.” As well as Elcavage’s private request to look into Nolan’s position with regard to the Hatch Act, a series of emails were sent to newspaper editors and reporters urging them to publicize the entire matter. The sender of the emails refused to reveal his or her identity preferring instead to use the pseudonym, “DemoCAT.” The emails sent in December alleged that Nolan was in absolute conflict of the Hatch Act and that failure to investigate the matter was part of a cover up by government watchdog groups. Parallel allegations were found on a website titled, “FleecingWestMilford.com,” which may or may not have been written by the same source as the emails, and similarly does not disclose the name of the author. The website claimed to disclose the “truth” of political life in West Milford and Passaic County and had been accessible online until this week. As of Wednesday night, the website was no longer available online and attempts to access it were diverted to site advertising computer services. Some had privately alleged that Elcavage was the source of the electronic mails also but in the same interview Elcavage said, “It is not me who is sending those emails.” The Hatch Act was introduced in 1939 by New Mexico Senator Carl Hatch to prohibit federal employees from engaging in partisan political activity. Several amendments have been made to the act since its inception.