Feds: No violation in DuBois-Walton’s job, political efforts

A complaint alleging that Karen DuBois-Walton, who isexploring a run for mayor in New Haven, was acting contrary to the federal Hatch Act has been closed and no violation found, according to a member of the exploratory committee.

Will Viederman, who is coordinating the committee filed by DuBois-Walton in early March, said she received a call from the U.S. Office of Special Counsel sharing the news.

A spokesman for the office said it never comments on cases. A message was left for DuBois-Walton.

The main question, which would have given OSC jurisdiction, was whether DuBois-Walton’s compensation as executive director for the New Haven Housing Authority/Elm City Communities, was funded 100 percent with federal money.

The Hatch Act limits political activities of federal workers, as well as some state and local employees who work under federally funded programs.

“The law’s (Hatch Act) purposes are to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation,” according to the OSC website.

Prior to the announcement by Viederman, an attorney for the Office of Special Counsel, speaking to the Register in general terms, said total salary coverage with federal money was key to an investigation.

The complaint, which had been filed in recent weeks, questioned DuBois-Walton’s actions in forming an exploratory committee, as well as raising close to $70,000 for a potential campaign and other activities, while she was still the executive director.

Viederman said DuBois-Walton has a base salary of $205,113 of which $143,185 comes from federal funds.

A report filed by the U.S. Department of Housing and Urban Development in 2018 on Housing Authority executive salaries, said $143,185 of the executive director’s salary that year, as well, came from federal Sec. 8 and Sec. 9 grants.

Viederman said the remaining source of revenue to cover her salary “is all non-federal funds for development services and non-federal subsidy property management services.”

He said for her 13 years as executive director/president of Elm City Communities, her salary was never paid with only federal funds.

Viederman said it was “split across multiple funding sources because ECC’s work has not been solely public housing and voucher operations. Paying her entirely with federal funds for her work that is not federal would have been a violation of federal funding guidelines and would have resulted in audit findings and corrective actions.”

The authority this week approved a leave of absence for DuBois-Walton from her executive position starting May 1 until Sept. 30 “or such further time as may be in the best interests of the authority.”

The Democratic Town Committee mayoral nominations will take place in late July; petitions to run for the office for candidates not endorsed have to be filed by Aug. 11; the Democratic primary is Sept. 14.

Until the Hatch Act was revised in 2012, anyone whose duties were connected to federal funds, no matter how small, could not seek elected office and continue in their jobs.

An attorney in the Office of Special Counsel, familiar with the Hatch Act, said two other factors that would have to be in place, after meeting the 100 percent federal funding marker, in order to run afoul of the act.

She said the election has to be a partisan affair and certain actions viewed as “testing the waters,” such as forming an exploratory committee, engaging in fundraising and canvassing for voter support, while short of a formal announcement, constitute candidacy under the Hatch Act.

DuBois-Walton has an exploratory website at https://karenduboiswalton.com/ where she talks about her vision for New Haven and where supporters can make a contribution.