State worker wins appeal over policy

AMIRAV DAVY, THE OLYMPIAN

OLYMPIA -- After 17 months of legal battles, former political candidate Frank Dare has won back his job -- with back pay and sick leave.

The Washington Personnel Appeals Board has reinstated Dare as a state social worker with all employee rights and benefits.

A social worker of Dare's seniority and experience earns $2,984 to $3,818 per month, according to the state Department of Personnel Web site.

The state Department of Social and Health Services fired Dare in September 2000, while he was a Republican candidate for the 35th District House of Representatives seat.

The 35th District is in Mason County.

DSHS officials believed Dare violated a state policy forbidding state workers from running for office in partisan elections, said John Atherton, DSHS assistant secretary of economic services.

The restriction stems from the 1939 Hatch Act, which states that federal employees, employees of the District of Columbia government, and certain state and local government employees have restrictions on their political participation.

Atherton said the U.S. Office of Special Counsel sent DSHS a notification that said Dare was violating the Hatch Act.

"We were formally notified that Dare violated the Hatch Act," Atherton said.

DSHS consulted with the counsel before firing Dare and continued communicating with them afterwards, Atherton said.

Due process

However, Dare believed his constitutional right to due process was violated.

"Due process is a guaranteed right of Americans," Dare said. "When they fired me, they didn't give me the chance to adjudicate my position."

Dare argued that DSHS didn't have the authority to enforce the Hatch Act.

"Someone who works for a state agency under federal funds and runs for office doesn't mean they violate that act," Dare said. "DSHS policy doesn't give a person a chance to defend himself, which isn't right.

"Frankly, I think it's illegal."

The appeals board ruled that a federal counsel would have to determine the act was violated before DSHS could take action.

In future cases, DSHS will wait to take action until the U.S. Office of Special Counsel makes its final decision, Atherton said.

Dare ran against Rep. Kathy Haigh, D-Shelton, in the 35th District during the 2000 election.

Haigh applauded the board's decision and is glad to see her former opponent back at his job.

"I'm so pleased," said Haigh. "I felt bad about him losing his job to run against me and felt powerless to do something. He is a kind man and treated me with a lot of respect."

Dare said may make another run for a seat in the Legislature.

The Olympian Copyright 2002

back to main South Sound index