Federal investigators said Spotsylvania County Sheriff's candidate Michael Timm did not violate the Hatch Act when he campaigned in uniform.

The investigation, conducted by the Office of Special Counsel, the federal office which looks into Hatch Act violations, found that Timm is running as an independent candidate, so the Hatch Act does not apply to him. A letter from the Office of Special Counsel says that the case has been closed and no further action will be taken in the case.

Timm tells the Free Lance-Star that he looks forward to returning to the campaign trail to focus on more substantive issues.

In late September, Robin Kocher, an investigator with the Spotsylvania County Sheriff's Office went public saying that she had filed a complaint with the OSC against Timm for campaigning in uniform and abusing his authority to further his campaign. Timm says that Kocher will not be subject to professional reprisals for her actions.

Kocher responded to the OSC's decision to close the case saying that she was aware that Timm's independent status could make his campaign ineligible for Hatch Act restrictions.

"This still does not change the fact campaigning in uniform or while on duty is one of the definitions of using the office for personal gain, which is a violation of state law, the Spotsylvania County Sheriff's Office Code of Ethics and a violation of our department's general orders," Kocher wrote in a prepared statement.

The Hatch Act primarily applies to federal government employees and is designed to prevent federal employees from using their positions to influence elections. However, the Hatch Act also governs the campaign activities of state and local employees whose departments receive federal funding. Timm, a Lieutenant Colonel in the Sheriff's Department serving as deputy sheriff, helps to file for federal grants for a variety of law enforcement programs. 

But the Hatch Act only applies to those eligible employees who are running in a partisan election, according to the OSP. Timm, along with election rivals Brian Bettis and Roger Harris, is running as an independent candidate, meaning that the Hatch Act does not apply here.

"In light of our conclusion that the election for sheriff of Spotsylvania is nonpartisan, any campaigning in which Mr. Timm has engaged, wheter or not in uniform, is likewise viewed as nonpartisan activity, and, therefore, the Hatch Act does not prohibit such activity," reads a letter from Mary Larsen, an attorney in the Hatch Act Unit of the Office of Special Counsel. 

Larsen's letter quotes a ruling from the federal 6th Circuit Court saying that "when it comes to regulating the political activities of state employees…the federal government does not have the same interest in promoting efficiency or public confidence in state government as a whole, but rather, has an interest in removing partisan political influence from the administration of federal funds."

At the center of Kocher's complaint were a series of videos posted by YouTube user VaNewsShooter. They were shot at a town hall campaign meeting at the Salem Church branch of the Central Rappahannock Regional Library and added to YouTube on Tuesday, June 21. The video shows Timm answering questions from county residents while wearing a Spotsylvania County Sheriff's Office uniform. 

Timm's campaign has already been scrutinized for mailings to Spotsylvania County Sheriff's Office employees that reassure them that partisan election preferences would not factor into employment decisions should he win the race. He was also investigated for breaking campaign finance and state gambling laws when he held raffles and a poker run to raise money for his campaign. Commonwealth's Attorney Bill Neely decided not to officially punish Timm, although he originally wanted to fine him. 

This is also not the first time that the Spotsylvania County Sheriff's race has been beset by charges of abusing official power and influence over the election. Documents from the Virginia Alcoholic Beverage Control Bureau of Law Enforcement show that the ABC conducted two different internal investigations after Sheriff Howard Smith filed complaints on Feb. 2 and March 7 that ABC Special Agent Carter Wells had been campaigning while in uniform and on duty. Smith, who has endorsed Timm for sheriff, reported that he had heard Wells may have visited voters and politicians to rally support for Harris, who is Timm's opponent. 

ABC investigators found no evidence of wrongdoing and closed both cases.

The election is Nov. 8.