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Show Wsnnuls Eledto Law togad agement reafTirmed that in September, 1979. "It should be noted the legislature did not include partisan as a modifier to political office" and said further, "We can find nothing within the law that would ex empt compliance because the employee was an incumbant." That ruling differs from the Hatch Act, concerning federal employees, including several incumbent mayors employed at HAFB. It prohibits running for office in a partisan election. City elections in the county are all run on a non-partisan (no Republican or Democrat affiliation, affi-liation, for instance) basis. THE POSITION reaffirming the requirement state em" ployees resign or request leave of absence if running for office was made by Mr. Black Oct. 15, 1979, after that year's primary prim-ary election where several infractions in-fractions were noted. By TOM BISSELBERG CLINTON A state Job Service employee who wanted to run for public office but didn't file for fear of losing his job is asking that all state employees em-ployees be required to comply or the law be changed. "GERALD V. "Gary" Bush, who previously served as Clinton mayor for four and one-half years and as a councilman coun-cilman for six months, resigning res-igning in January. 1979, said he dropped plans to seek another council term just prior to his city's Oct. 9 filing deadline when he learned employees seeking office in his department depart-ment would be placed on "leave without pay" status until un-til defeated or after their terms were completed. "1 agree state law says you In his Oct. 23 letter to the state attorney general's office, Mr. Bush says. "My complaint com-plaint is that there are other state agencies who are ignoring ignor-ing the law and allowing employees em-ployees to run for public office, and are being abetted in this practice by the state division divi-sion of personnel management, manage-ment, whose director has publicly pub-licly stated he thinks the law is a bad law, and he has advised the heads of other state agencies agen-cies to ignore it. "IT IS my contention these individuals are engaged in illegal political activity and should be required to immediately immedi-ately withdraw from candidacy," candida-cy," he adds. Commenting on the questions ques-tions Frank Nelson, an assistant assis-tant attorney general, said in a telephone interview, "I would hope it would be equally applied ap-plied (rule). If some areas are doing one thing and one another-it should be consistent." consis-tent." HE SAID that whenever his office was questioned about the matter, it issued information informa-tion referring to the statute, but added there might be "certain "cer-tain openings" through the courts, noting that he had talked to "two or three people in the last month" by telephone tele-phone who had questions about ab-out the statute. Mr. Bush said he was told by Mr. Nelson the attorney general's gener-al's office isn't an enforcement agency, and can only issue opinions. Someone would need to take the issue to court-probably court-probably a resident of either Layton or Kaysville in Davis County's case, or city attorneys attor-neys in the affected cities might wish to take action. "EITHER they should change the law or others should have to be in line. I have no axe to grind except that I'd like to run," M'. Bush added. Layton Job Service employee em-ployee Robert Austad. who placed second in the mayoral primary race in that city, withdrew with-drew the day after the Oct. 6 primary upon hearing he would be placed on leave without with-out pay. He was "docked" his pay for election day and had to make that day up. SIMILAR questions were raised in the county prior to the 1979 municipal elections, tb can t run oul there are some who are fairly high in state gov-ernment gov-ernment who aren't agreeing." he said Monday. He cited cases of incumbent Kay sville Mayor Gar Elison, a state social services employee who is seeking a second term, and Glen Budge, a former East Layton councilman now seeking seek-ing that post in Layton. A LEGISLATIVE ruling cited in the Utah Code Annotated Anno-tated 67-19 (I) lb) 1953 was used as basis for a bulletin from the state department of finance, personnel office, dated June 15, 1976 noting state employees may be officers offic-ers or delegates in a political party or organization at the county or lower level and a delegate de-legate to the state or national level and make voluntary contributions con-tributions to political parties. But it said they may not be state or federal officers in any political party, organization or statewide campaign or "be a candidate for political office unless granted leave of absence" abs-ence" or "engage in political activities during hours of employment." em-ployment." It had been interpreted inter-preted to mean partisan politics, poli-tics, however. A LETTER from Roger Black, former director of the state office of personnel man- |