If you're an average person, you've probably never heard of "The Hatch Act".
"The Hatch Act" is a Federal law that prevents Federal employees from working on political campaigns. After all, government workers should work for you, the people that pay their salaries, right?
While The Hatch Act was enacted in 1939, it has been amended several times most recently in 2012 by then-President Barack Obama and certain aspects of it now extend to state and municipal employees who work in programs whose funding is provided for in whole or in part by the Federal Government as well.
The Hatch Act has been challenged several times including appeals up the U.S. Supreme Court, which has deemed it constitutional several times and also declined to hear other challenges.
In Kenner, voters approved a Charter Change that provided that Political Appointees of the Mayor could not engage in political activities. Unfortunately, several malcontents in current-Mayor Ben Zahn's Administration (including several still employed by the City of Kenner) filed a lawsuit and a judge determined that the Charter Change was too broad and struck it down.
In Louisiana, in addition to the Federal Hatch Act, we have our own "Little Hatch Act" which states:
"No employee in the classified service shall participate or engage in
political activity; be a candidate for nomination or election to public
office except to seek election as the classified state employee serving
on the State Civil Service Commission; or be a member of any national,
state, or local committee of a political party or faction; make or
solicit contributions for any political party, faction, or candidate; or
take active part in the management of the affairs of a political party,
faction, candidate, or any political campaign, except to exercise his
right as a citizen to express his opinion privately, to serve as a
commissioner or official watcher at the polls, and to cast his vote as
he desires. No person shall solicit contributions for political purposes
from any classified employee or official or use or attempt to use his
position in the state or city service to punish or coerce the political
action of a classified employee." La. Const. Ann. art. X, § 9.
While no law can restrict a municipal, state or Federal employee from exercising their right of Free Speech or restrict them from voting, The Hatch Act and Louisiana's "Little Hatch Act" are designed to prevent state and local employees from actively working on campaigns during normal business hours, among other restrictions.
Just as you may not have heard of The Hatch Act, you've probably never heard of John Tobler either.
Yes, if you've read this blog before, you know that I've written about Tobler before.
In a nutshell, Tobler is a political operative who has a long relationship with Jefferson Parish's Minister of Propaganda Greg Buisson. Buisson is the Campaign Manager/Political Consultant to many politicians in Metro New Orleans including criminals like former JP Parish President Aaron Broussard and former St. Tammany Coroner Peter Galvan, among others. Buisson is also the current Campaign Manager/Political Consultant for Jefferson Parish's Sexual Predator-In-Chief Mike Yenni, several JP Councilmembers including District 4 Councilman Dominick Impastato; Kenner Mayor Ben Zahn and several members of the Kenner City Council including District 2 Councilman Mike Sigur, District 5 Councilman Brian Brennan and Councilwoman-At-Large Kristi Katsanis McKinney; and former State Rep. and current New Orleans Councilwoman-At-Large Helena Morena (who gave Buisson's son a full scholarship to Tulane, despite the fact that Buisson didn't live in her district). .
To read more about Buisson, use the Top Left "Search" Box or click here.
But, let's get back to Tobler.
Tobler is the founder, member or past member of several political endorsement groups including the Greater New Orleans Republicans, among others. Of course, Tobler never informed any group or candidate seeking an endorsement from one of the groups he fronted about Tobler's long association with Buisson.
I actually sat in an endorsement meeting where Tobler was present. I made my opening statement and then said that I would answer questions from anyone on the committee, except Tobler. Afterward, the committee chairman told me that I was "childish and condescending". I replied that, according to the State Ethics Board, Tobler was on the payroll of my opponent. The chairman was surprised. Then he apologized.
In fact, after "working" for several years for Public Service Commissioner Eric Skrmetta (a Buisson client), Tobler almost wrangled a job with the City of Kenner through Ben Zahn. Thankfully, that job didn't come to fruition, although Tobler did work for the City of Kenner for 2 days before resigning abruptly earlier this year to join the State Department of Insurance (LDI).
While Tobler has been a state employee for several months as the LDI's Deputy Commissioner of Public Affairs, he has continued to work on political campaigns in violation of State and Federal law.
I have received several email Press Releases from candidates listing Tobler as the "Media Contact".
If Tobler were working on political campaigns during his off hours, while still technically unethical and possibly violating Louisiana's "Little Hatch Act", it would not be illegal. But, that isn't the case.
I had several people call Tobler at the telephone number listed on the Press Releases during what should be normal working hours for LDI employees.
Tobler answered and spoke about the campaigns during these calls.
Ten days ago, I left a message for Louisiana Insurance Commissioner Jim Donelon regarding Tobler's political activity during working hours. Donelon has yet to return my call.
After I left a message for Donelon, also ten days ago, I called the LDI's Division of Public Affairs (which, ironically, Tobler is the head of), which is listed as the Media Contact for the Department. I asked the person who answered the phone:
Q: "Is John Tobler a current employee of the LDI?"
A: "Yes".
Q: "Did John Tobler take a leave of absence or is he currently on vacation?"
A: "No".
Q: "Is John Tobler in the office today?"
A: "Yes. What is this about?"
To which I explained that I believed that I had information proving that Tobler was in violation of The Hatch Act for working on political campaigns while a state employee.
A: "What's your name and number and I will get back to you today regarding this issue".
Of course, I'm still waiting.
As I mentioned, Tobler worked for the City of Kenner for 2 days in the Clerk of Court's Office (another job that he isn't qualified for).
When I contacted Kenner Mayor Ben Zahn regarding Tobler's employment, the Mayor verified that Tobler worked for 2 days before resigning to join the LDI.
When I asked Mayor Zahn if Tobler's abrupt job change had anything to do with his outside campaign activities, Zahn said that he wasn't aware of Tobler's activities while a COK employee and that if Zahn had known, "He would have been terminated immediately. I do not tolerate breaking the Hatch Act".
So, if Tobler's activities would have violated The Hatch Act in Kenner, how can Insurance Commissioner Jim Donelon not take action against Tobler for violating state rules?
Look, I believe that Federal, State, and Municipal employees should be apolitical. I fought hard for the Charter Change that was approved by 80% of Kenner voters that a group of 12 malcontent City of Kenner employees got struck down.
Employees should work for the public - not for a political candidate even if that political candidate is the person that gave them their jobs.
And, while I also believe that everyone has the right to vote for and support whomever they want, while they are accepting a taxpayer paycheck, they should not be engaged in political activity. Period.
But, that's just me.
Clearly though, Federal, State and Municipal employees ARE precluded from performing political activities WHILE allegedly working.
John Tobler can form as many fake endorsement groups as he wants. He can hang out with Greg Buisson and Jefferson Parish's Sexual Predator-In-Chief Mike Yenni, and anyone that he wants - as long as it's not on the taxpayer's dime.
Now, you know what Insurance Commissioner Jim Donelon has known for almost two weeks. The question remains: why hasn't Commissioner Donelon taken action against Tobler or picked up the phone to tell me why it's ok for Tobler to politic on your time?
Is Commissioner Donelon just trying to sweep this under the rug or wait until the November 6th election is past?
Perhaps, if you ask, he may answer you. For some reason, he's ducking me.
Here's Jim Donelon's office number: 225-342-5423 and his email is commissioner@ldi.la.gov
If you get an answer, please let me know.
