Is candidate's run for office legal?

Ogden Police Chief Jon Greiner said Thursday that he's awaiting a letter from federal investigators explaining if he can legally run for a state Senate seat.

In a news release, Greiner said that he had yet to receive the letter but was "entitled to due process" if investigators determined he could not legally run for a state office under the federal Hatch Act.

Under the Hatch Act, state or local government employees cannot run for office if they "work in connection with programs financed in whole or in part by federal loans or grants," according to the U.S. Office of Special Counsel.

In past interviews, Greiner has said that his salary as police chief does not come from federal grants, and that he obtained legal advice before running for office that said the Hatch Act didn't apply to him. But in his news release, Greiner said that "naturally there are going to be recommendations from the Hatch investigators" about what he should do.

"With that in mind, I am seeking legal representation before I do anything," he wrote.

Last month, the state Democratic Party requested an investigation by the U.S. Office of Special Counsel to see if Greiner was eligible to run under the Hatch Act. Todd Taylor, executive director of the state party, said Thursday that he had "heard through the grapevine" that Greiner might not be eligible to run for office under the Hatch Act.

"It's always been clear to us that federal employees themselves can't run, but there are a lot of gray areas otherwise," Taylor said.

In his news release Greiner referred to the involvement of the Democratic Party, saying that the group was trying to discredit him in the last weeks of an election.

"Cowardly acts are generally done by cowardly people who don't want to address the issues of the day that are a concern to the residents, in an open manner," he said, later adding that "It doesn't surprise me that the Utah Democrat Party is trying to discredit me; each of your papers has said they think this is the race for them."

Greiner is running against Democrat Stuart Reid for the Senate District 18 seat. The seat is currently held by Sen. Dave Thomas, R-South Weber, who lost to Greiner in the primary elections.

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E-mail: nwarburton@desnews.com