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Wednesday, February 03, 2010

PRC: Candidate Can Keep State Paychecks

By Jessica Dyer
Journal Staff Writer
       It looks like Daniel Mayfield won't be forced to give up his state government paycheck in order to pursue a seat on the Santa Fe County Commission.
    That's the gist of a resolution passed Tuesday by the Public Regulation Commission, the governmental body for which Mayfield serves as chief of staff.
    Though the filing deadline for county offices isn't until March, Mayfield has announced his intention to run for the District 1 Santa Fe County Commission seat. He joins a crowded field of candidates seeking the Democratic party nomination for the seat during the June primary.
    At issue was existing PRC policy that states employees not covered by the Hatch Act can run for public office as long as they spend the duration of their campaign on authorized, unpaid leave.
    The resolution, which passed 3-0, waived the existing policy with two conditions. Mayfield can't solicit or accept campaign contributions from commission employees subject to his supervision or control. In addition, he can't use state equipment, facilities, property or time while on duty to conduct campaign-related business.
    The resolution cited an identical provision at the State Personnel Office, noting that it only applies to classified employees, not to exempt employees such as Mayfield.
    The PRC resolution also addressed the Hatch Act as it relates to Mayfield's situation.
    The Hatch Act is a federal law that restricts the political activity of federal employees, as well as some state and local government workers who are principally employed in connection with programs financed in whole or in part by federal loans or grants.
    The PRC resolution indicates that the Hatch Act applies only to New Mexico agencies under the executive branch. Because the PRC is not part of the executive branch, the resolution states, the Hatch Act doesn't apply to commission employees, including Mayfield.
    PRC spokesman Gerald Garner said, while the resolution passed Tuesday, the commission intends to submit it to the Attorney General's office for review "just to make sure every 'i' is dotted and every 't' is crossed."

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