TOMS RIVER, NJ – Ben Giovine is a federal employee and he’s running for office as a candidate in a partisan election. Republicans in Toms River are crying foul as Giovine works as a District Director for U.S. Congressman Andy Kim, a position that is supposed to be non-partisan as the Congressman represents all residents as a member of Congress.
Giovine last week pointed to an apparent loophole that he claims allows him to run for office under the Hatch Act. The Hatch Act is a law that restricts the political activities of federal workers.
“I am a staff member, not a senior staff per house guidelines for salary,” Giovine said last week. “I consulted with the relevant house counsel and had any clearances of any guardrails regarding my candidacy.”
Giovine is the second highest-paid staffer on Congressman Kim’s payroll, earning approximately $100,000 annually, second behind Chief of Staff Amy Miller Pleiffeir. Pleiffeir earns approximately $165,000 per year.
According to the U.S. Office of Special Counsel, “The Hatch Act, a federal law passed in 1939, limits certain political activities of federal employees, as well as some state, D.C., and local government employees who work in connection with federally funded programs. The law’s 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.”
Giovine referred Shore News Network to the House Ethics Manual and said he was unsure if the Congressman would make an official statement regarding his staff member’s candidacy.
Republicans in Toms River are mulling filing a Hatch Act violation against Giovine, according to multiple sources who wished to remain anonymous at this time.
As a candidate, if legal, Giovine would have to be extremely careful to make sure he does not mix his federal employment time with his political campaign time. That means while he’s on duty with Congressman Kim, he has to be careful what he says and to who. While he’s campaigning, he is barred from speaking about his federal position.
In other words, the two can never be mixed, or it could land Giovine in serious trouble.
The penalty structure for violations of the Hatch Act by federal employees includes removal from federal service, reduction in grade, debarment from federal employment for a period not to exceed 5 years, suspension, reprimand, or a civil penalty not to exceed $1,000.
While Giovine contends he is legally in his right to run for a partisan political office as a Congressional staffer, Republicans have indicated they could be willing to challenge his assessment.
Shore News Network called the OSC last week for a response, but officials would not speak on the record to confirm Giovine’s assessment. The office of the Sargeant of Arms for Congress also refused to comment on the matter. No federal officials would go on the record to endorse the legality of Giovine’s candidacy.
The Ocean County Clerk also did not return a call for comment. Congressman Kim has not commented on the topic.
His opponent Dan Rodrick also would not comment on the matter, saying, “I’m going to beat Giovine either way. He raised taxes every year he was on the school board. He supported the downtown plan, he supports high-density housing.”