A law barring public employees with access to federal money to run for partisan office has forced Clark County Chief Deputy Prosecutor Curt Wyrick to step out of the prosecuting attorney race.
Wyrick, a Democrat, announced this week he is dropping out of the race to succeed longtime Prosecuting Attorney Art Curtis, citing the federal Hatch Act’s restriction on chief deputy prosecuting attorneys.
So far, the primary race for the partisan position in August has drawn three other candidates.
The Hatch Act, intended for federal employees or local employees who receive federal funding, extends to chief deputy prosecutors, Wyrick believes, because they help oversee the prosecutor’s administrative duties and budget.
And since the Clark County Prosecutor’s Office’s budget includes federal grants for the child support and domestic violence units, it applies to him.
“There’s no question that it hits me right between the eyes,” Wyrick said. “Because of that, I need to withdraw.”
Wyrick, 60, who has been chief deputy since 1990, made his announcement to run in December after Curtis said he was stepping down. At the time, Wyrick was aware of the Hatch Act, but didn’t realize it applied to him.
He began researching the law and found a ruling on chief deputy prosecutors made in June 2007 by the Hatch Unit, an enforcement team of the law in the Office of the Special Counsel in Washington, D.C.
The ruling stated that because chief deputy prosecutors work closely with elected prosecutors, they assume much of the same role.
“The district attorney (called prosecutor in Washington) has oversight over all the divisions,” the letter written by Hatch Act Unit attorney Erica Hamrick stated. “Because the first assistant district attorney (called chief deputy in Washington) is tasked with assisting and advising the district attorney, it necessarily follows that the first assistant district attorney also has duties in connection with these federally funded activities.”
While the Hatch Act restricts the political activity of state or local executive agency employees who work in connection with federal loans or grants, elected officials are exempt.
Wyrick made his decision to drop out over the weekend. Last week, he had hinted he was considering stepping out for personal reasons, including to take care of his elderly parents.
“Those reasons kind of fall by wayside when it comes to the law,” he said this week.
For Wyrick to proceed in the race, he said, he would have to resign his current position.
There’s “always a chance” he could jump back in the race if he chose to resign, Wyrick added, because the filing deadline isn’t until June. But at this time, he said, that’s not in the cards.
The other candidates for the position are Deputy Prosecutor Tony Golik and criminal defense attorney James “Jeff” Sowder, both Democrats, and Republican Vancouver Assistant City Attorney Brent Boger.
Asked whether the Hatch Act applies to him, Golik said: “No, my position isn’t federally funded and I don’t have any discretion on federal funds.”
Boger agreed, saying: “Since I make no decisions related to the expenditure of federal funds and my position is not funded by the federal government, it does not apply to me.”
The top two vote-getters in the August primary race will square off in the November election.
Laura McVicker: 360-735-4516 or laura.mcvicker@columbian.com.
