New Haven Independent: Rodriguez Foe Opens A Hatch

Rodriguez Foe Opens A Hatch

by Paul Bass | September 6, 2007 12:51 PM | Permalink | Comments (11)

Sergio%20Rod.jpg The federal government is looking into whether a Westville alderman, Sergio Rodriguez, can legally run for reelection while working for the city’s housing authority.

The question was raised by supporters of Alan Felder, a plumber and activist who’s challenging Rodriguez (pictured) in Tuesday’s Democratic primary for the nomination for the 26th Ward seat.

Click here for a story on the issues in that race, which appears to focus largely on the mayor’s immigration policies. The mayor lives in the ward.

Felder’s supporters brought Rodriguez’s case to the attention U.S. Office of Special Counsel, which investigates possible violations of the federal Hatch Act. That Act generally prevents candidates for public office from working for government agencies which receive federal money.

Rodriguez works as community services manager for the housing authority’s Monterey Homes development in Dixwell. Rodriguez argues that a loophole allows him to run for reelection while holding the job.

The case will rest on a gray-area legal interpretation of where precisely the money comes from to pay Rodriguez. The case also raises a larger ethical question about the DeStefano administration’s practice of finding jobs for aldermen with city agencies that aren’t technically part of city government — a practice that critics see as a means of stifling dissent and independent scrutiny of City Hall.

Click here to read a release on the subject issued Wednesday by New Haven Citizens Action Committee (NH CAN), an anti-tax group that has endorsed Felder (pictured). Click here to read the letter than NH CAN members originally sent to the feds.

NH CAN received an Aug. 30 email response from Erica Stern Hamrick, attorney from the Special Counsel’s Hatch Act Unit. It stated: “”We have received your request and will open an inquiry into this matter.”

Amber Vail, another attorney with the Special Counsel’s Hatch Unit, declined to discuss Rodriguez’s specific case in a conversation Thursday with the Independent. She did speak in general about how the Hatch Act affects politicians who work for housing authorities.

Housing authorities like New Haven’s, which are largely funded by the feds, definitely fall under the Hatch Act, Vail said. And the Act definitely covers politicians running for reelection to any local office.

That “doesn’t necesarrily mean that everyone who works for the authority is subject to the Hatch Act,” she said. The Act covers “anyone who works in connection or performs any duties in connection with an agency or a program that is funded by a federal loan or a federal” grant.

Anatomy Of A Pass-Through

Enter Sergio Rodriguez. He works with residents at Monterey Homes — a complex built (above the ashes of the old Elm Haven projects) with federal money. The housing authority received that money and gave it to a private developer, a company now called Corcoran Jennison, to build Monterey.

Rodriguez said Thursday that before he took the job, the authority received a legal opinion saying he was covered by an exception. “I would never do this if I couldn’t run.”

His job isn’t paid for by the federal funds that went into building Monterey, he said. Instead, Beacon Corcoran gives the housing authority money to pay for Rodriguez’s position. The money allegedly comes from money separate from the federal grants for Monterey, instead coming from proceeds of federal tax credits offered to the developer.

Rodriguez’s paycheck still says “housing authority” on it, he said. “The housing authority is the pass-through.”

Vail of the Special Counsel’s unit said the office looks hard at the money trail in cases involving such pass-throughs

“We have to trace the money back,” she said. She called the process “difficult.” Does the funding for the position in question really come from money separate from the original federal grant? Or can it be traced to the grant? The office also looks at the documentation related to the original grant to see if it mandated the creation of the position in question, Vail said.

The Act covers officeholders who are in the process of campaigning. It’s OK under the Act to hold a job at a housing authority in between elections. In other communities, people have left jobs to run for reelection, then returned, according to Vail. In investigating those cases, her office looks at whether the government agency truly terminated the politician before the election and held an honest search to fill a new position, or whether the agency was in truth just holding the position ope for the politician.

A Second Wrinkle

The legal opinion Rodriguez refers to was issued for the authority on March 19. The opinion does note that Rodriguez would need to be working on a project funded specifically with federal dollars — the reason Rodriguez said he’s not covered by the Act.

The opinion also notes that a separate 1995 Public Housing Annual Contributions Contract may prohibit the housing authority from employing members of the Board of Aldermen — whether or not they’re in the process of running for reelection.

Click here to read the opinion.

A Broader Practice

The Board of Aldermen is filled with members who work for the school board, the housing authority and the parking authority. Click here to read a previous article on the subject.

They and the city administration have argued that those jobs are exempt from city and state ethics laws preventing aldermen from working for city government, because the agencies aren’t technically part of city government.

However, the agencies are run by appointees of the mayor.

Critics charge that City Hall silences dissent or independent scrutiny of major projects (such as the Shartenberg lot deal) by using the loopholes to give aldermen these jobs. Indeed, those aldermen generally vote in lockstep with the administration and rarely criticize it.

In most cases, the question is more of ethics than law, at least as far as the Hatch Act is concerned. Attorney Vail of the Special Counsel’s office said that in general boards of education are indeed exempt from the law. Exemptions and loopholes are legal. In elections like the Sept. 11, voters have a chance to weigh in on whether legal means just.
* * * *

Related stories on the Sept. 11 aldermanic primaries:

Dixwell Primary Puts Plantation Politics To A Vote

Unions Back A Challenger In Dwight

Dwight Candidates Differ On Hospital

Immigration Splits Westville Candidates

Comments

Posted by: MonaB | September 6, 2007 3:34 PM

A few points of clarification.
1. NH CAN did not bring this issue to the attention of the special counsel because we support Felder or because we oppose Rodriguez. We feel this is a legal issue in need of resolution. As you aptly point out in this article, it is up to the voters to decide what is ethical- what should be expected from our elected officials.
2. NH CAN is a grass roots organization that seeks openness, fairness and transparency in our government. We believe the city must be more responsive to its citizens. We believe city government needs to be more fiscally responsible. We do not believe Rodriguez worked hard to lower our taxes. We believe the little that was done was only a show. It is for these reasons that we support Felder. For more about our positions and who we support please see www.nhcan.org

Posted by: Noah | September 6, 2007 6:36 PM

There are a number of places in this article where Bass writes "critics argue" or some such phrase. He should follow journalistic protocol and identify who those critics are and even better, quote them.

Bass' argument about so-called plantation politics is a valid one. There is no need to hide behind the cover of abstract "critics." Write a news article about the law suit and a separate editorial, though, instead of problematically blending the two.

Posted by: 2Faced | September 7, 2007 12:42 AM

Noah-I guess you have decided to pick up a new gig...New Haven Independent Hater! Us bloggers would like to hear more about how you and the Yale Dems manipulated the New Haven Action Fund to facilitate the Debate during the special election in Ward 22 in April...that was masterful! Tell me how you and your croonies are able to sleep at night knowing that the guy you supported and believe is the best guy for the job of Alderman...has supported budget increases and dollar land deals. I forgot you are student...you probably DON'T PAY TAXES...I only have one more thing to say...If this guy is the messiah that will part the red sea and bring Yale Students and the Ward 22 together...maybe you should take him back to your home town and elect him as your political representative!

Posted by: bugupit | September 7, 2007 7:19 AM

NOAH: Perhaps "Critics" refers to portion of the New Haven population. Tuesday for the Shartenburg debate it was 11/26ths of the Board of Aldermen. Last time Ralph Ferrucci ran for Mayor it was 15% of the Voters and may be more this year. I understand your encouragement for the NHI to be more specific and journalistic, but it might not be practical to list here even a sampling of all those to who would welcome these opinions being attributed to them.

Posted by: The Trix Rabbit | September 7, 2007 8:22 AM

Noah is right on. Unqualified statements must be used from time to time in all journalism, but the number of them that come from the NHI is daunting. Many of the news articles here have the editors' opinions written all over them, and this is to say nothing of the loyal New Haven bloggers who claim to be more in touch with reality. In the modern day and age, in a city with growing educational and public safety needs, there is no way that a budget is going to be passed without some kind of increase.

Secondly, if Noah is the NHI hater, which I don't believe he is, it doesn't seem to detract from the generally vicious and hateful postings about dozens of members of the city government.

Finally, how would one get 11/26ths of the vote from 30 people? Unless fractions of votes were counted, the math on this one simply doesn't work.....sorry guys. Additionally, please remember that a considerable majority of the aldermen who were present at this meeting voted for the plan. These aldermen were elected by New Haveners from all over town--not by the mayor, who casts one vote in one ward. If you dislike the way that the board is voting, get out on Tuesday and elect a new alderman.

Posted by: cedarhillresident | September 7, 2007 9:09 AM

MonaB
Well said.
And ditto on all of what 2Faced said!

My OPTION is that Rodriguez job is to represent his district not to represent city hall. I have been watching his moves myself and from what I have seen he is not a representative of the people. He does not fight for people that have to pay taxes! (not renyt I would not shed one tear if he was finally gone!

Destefino can work as the Mayor IF we can get a fair balance in City Hall. And the only way that would happen is to get the Alder's that are followers out of office and bring in the leaders!

Posted by: bugupit | September 7, 2007 7:26 PM

TRIX RABBIT: Don't you get it? Four NO SHOWS on perhaps one of the most important votes of the year. A habitual problem well documented in NHI postings.

Posted by: dimtap | September 9, 2007 12:26 PM

Sergio Rodriguez has been an outstanding Alderman in every good sense of the word. He is easily accesible, holds open forums in our ward, returns every phone call from constituents, and frequently walks the ward to speak with people.

If you have concerns - call him, or attend one of his open meetings. Also, attend sessions of the Board of Alderman at which the public can testify.

It is very tiring to here the constant complaints of the malcontents. I have yet to see them offer a vialble alternative to what they complain about.
Let's see a concrete plan from you to change things for the better.

In other words, put up or shut up!

Posted by: cedarhillresident | September 9, 2007 6:44 PM

dimtap
I do go to the Alder meetings from time to time and there have been vialble alternative put in his lap! I have watched him and other Alders vote for thing that have brought this city down. He does not seem to question things that should be questioned. And he is not standing alone on this, there are several others that stand with him. If you do not understand what peoples concerns are go downtown and find out what his voting record is! (look at the things he has voted for, it is public record). Maybe the NHI can pull up some of the stuff the Alders have voted for that have done damage to this city??
I know in Five Years when the tax increase is fully phased in you may finally understand!! HMM unless you are a Yale student that will be long gone before the rath of the taxes is in full effect!!

Posted by: cedarhillresident | September 9, 2007 6:46 PM

PS The Rath of the Taxes will not just effect the home owners it will effect the renters as well!

Posted by: cedarhillresident | September 14, 2007 10:49 AM

This hatch law is an interesting one. Do any of our other candidates fit in the same category??? Does someone that works for a non profit that receives Federal,State and city grants fit into this catagory??

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Rodriguez Foe Opens A Hatch

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