BELLAIRE -- Former Antrim County Undersheriff Dan Bean thinks small-town politics and a federal loophole cost him his job.
Antrim Sheriff Terry Johnson fired Bean last week after Bean said he'd challenge his boss for the sheriff's post. Now officials in Washington say Bean's termination was pre-emptive and a federal law cited by Johnson -- the Hatch Act -- may not apply.
"I believe I was fired because I'm running against Terry Johnson. I think he just found a loophole in the Hatch Act," Bean said. "I haven't done anything wrong, other than run for sheriff."
Johnson said he fired Bean to avoid a violation of the federal law that puts limits on partisan political activity of federal employees, plus certain state and local public workers who are in programs or departments that receive federal money. Those dollars could be at risk if violations occur.
John Racine, of Traverse City, Antrim County's labor attorney, advised Johnson that the federal law applied to Bean: He could not remain a non-elected sheriff's employee and at the same time run for the department's top spot.
"You can run, but you have to resign to do it," Racine said.
However, the U.S. Office of Special Counsel is the sole enforcement authority for the Hatch Act and all potential violations should be investigated by the federal agency, said spokesman Jim Mitchell.
"It's best if people don't guess. They really need to come to us," he said. "It's always a good idea before taking action on the Hatch Act to know whether the Hatch Act would apply."
Every potential violation is unique, because the law only applies when an employee has discretion over federal funds or if their paychecks come from federal dollars. What one undersheriff does could be different from others, Mitchell said.
"We would have to take a look at it," he said.
Johnson is not worried he made a wrong decision, he said.
Bean said he likely will contact the federal agency for an opinion -- what federal officials said Johnson should have done in the first place -- but is not considering a wrongful termination lawsuit against the county. Bean, though, met with an attorney on Friday and already applied for state unemployment benefits while looking for other work, he said.
Benzie County Undersheriff Rory Heckman has an interest in Bean's situation because he, too, is considering a run for sheriff. Heckman requested a federal opinion and will resign if a violation exists, he said.
Bean's firing likely comes down to politics, not a potential labor law violation, Heckman said.
"It will look bad if the (Antrim) undersheriff didn't touch any federal funds," he said.
Bean did not handle federal grant dollars during his more than 15 years as undersheriff and the county paid his salary, so there shouldn't be any problems, he said.
Meanwhile, Johnson has not yet named a new undersheriff.
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