Columbia lawyer Clarke Ahlers, who recently battled Howard County Police Chief Wayne Livesay in court, said he believes Livesay, by running for a County Council seat, is violating the federal Hatch Act, which prohibits county employees from running for partisan office if they oversee federal funds.
“What we have is a police chief who is running for County Council and is using his position to censor political speech unless it comes through him,” Ahlers said.
For his part, Livesay denies that he has attempted to censor political speech and is checking with a federal office to see if his running for office violates the Hatch Act.
Ahlers, a formerHoward County police officer, represents Michael Thorn, a Howard County police officer who was found guilty of gambling last week in Anne Arundel County District Court.
Livesay suspended Thorn?s police powers in 2005 after Thorn was accused of running a Texas Hold ?em poker operation.
In March, Thorn filed a lawsuit against Livesay and the department, accusing the chief of attempting to stymie political speech in the department while the chief ran for the County Council District 5 seat.
Ahlers said Thorn agreed to drop the lawsuit against Livesay after the department promised him his full retirement. Thorn is now on unpaid leave until February, when he plans to retire.
Thorn?s lawsuit was prompted by a March 2 e-mail sent by police spokeswoman Sherry Llewellyn that instructed officers not to speak with the media unless she sanctioned the conversation.
After Thorn filed his suit, Llewellyn clarified her comments in a March 6 e-mail. She said her initial e-mail referred only to departmental matters and not personal free speech or political opinions.
