A full-page campaign ad for D.C. Councilman Jack Evans featuring Police Chief Cathy Lanier in uniform has been referred to federal authorities who will determine whether the city’s top cop violated a government law.
Evans’ full-color re-election ad, titled “Working Together for Ward 2,” appeared in last week’s Dupont Current. Beneath a photo of the four-term councilman and Lanier, both posing and grinning in a City Hall office, is a bulleted list of reasons why Evans deserves another term in office. At no point does the ad mention Lanier, or even the Metropolitan Police Department.
But did Lanier’s photo alone violate the Hatch Act, a federal law that bars D.C. officials from engaging in political activity while “wearing an official uniform” and while “in a government office”? That question was posed last week to the U.S. Office of Special Counsel, which investigates alleged Hatch Act violations.
The answer depends on whether Lanier “knew the picture was being taken to use in an ad,” said James Mitchell, special counsel spokesman. No investigation had been opened as of Friday, he said, but the chief’s best move would be “to have the campaign remove her picture as soon as possible.”
“It would be in her best interest to call us,” he said.
Evans on Friday stressed that Lanier “knew nothing about” the ad. Traci Hughes, Lanier’s spokeswoman, said the chief “was not aware that the photo was being used in an advertisement for any purpose.”
“We have thousands of these pictures with thousands of people,” Evans said. “They’re everywhere.”
MPD Asst. Chief Peter Newsham, who oversees internal affairs, referred the matter to the special counsel’s office after receiving a complaint from Dave Mallof, a Dupont Circle activist. Mallof is supporting Cary Silverman, Evans¹ challenger in the Sept. 9 primary, whose campaign blog includes a photo of himself and Battalion Chief Kenneth L. Crosswhite inside Engine Co. 16.
Kristopher Baumann, head of the D.C. police union, also took issue with the ad. The Fraternal Order of Police has not endorsed in the Ward 2 race, Baumann said, but the ad may give the impression that Evans is backed by police officers.
“The laws in this area are very clear and both Evans and Lanier have an obligation to know what they are,” Baumann said. “This is clearly inappropriate and unacceptable. It’s an indicator of everything that’s wrong with D.C. There’s an arrogance of power here.”
