Atlantic City, NJ Mayor To Face Federal Hatch Act Complaint?

Word is spreading throughout Atlantic City, New Jersey that Mayor Marty Small may soon be confronting a United States federal Hatch Act complaint.

This would be in addition to his current mounting problems stemming from the Thursday, March 28, 2024 Atlantic County Prosecutor’s Office raid of his residence.

The raid resulted in securing at least 2 cell phones, 5 or 6 laptop computers and other items that were seized from the Small residence … following the execution of five search warrants.

Various elected and appointed officials in the Atlantic City, New Jersey area advised that it appears that Atlantic City Mayor Marty Small may have violated the United States federal Hatch Act.

Specifically, their analysis relates to a Tuesday, March 21, 2023 press conference called by Small, as well as the Small press conference held on Monday, April 1, 2024.

The March 21, 2023 press conference was called by Small in response to Atlantic City Councilman George Tibbitt's suggestion that Atlantic County Executive Dennis Levinson's expertise could help Atlantic City resolve its current executive management deficiencies that are occurring under Small.

Tibbitt called for Levinson's assistance because the City of Atlantic City and Atlantic City Public Schools budgets have surpassed a total of $ 500 million per-year... for a city that is only 48 blocks long.

The Small press conference was used to attack his perceived detractors. The merits of this approach by Small is open to debate.

However, where it appears that Small may have crossed the line is with his partisan political attack against Tibbitt, where he called Tibbitt a racist and he called for Tibbitt to "resign or we're going to recall your ass,” said Small.

Those who reported this to us say that this is an undeniable political act committed by Small, while using the trappings of his office and City Hall to engage in political activities that are allegedly in direct violation of The Hatch Act.

They have stated that Small used his elective position as Mayor and the property of the citizens of Atlantic City to injure and retaliate against Tibbitt, who likely qualifies as a whistleblower.

They believe that this is illegal, partisan political activity, conducted by covered employees under the federal Hatch Act.

Further, Small was flanked at his city sponsored event by Atlantic City directors, council members Aaron "Sporty" Randolph, Stephanie Marshall and Muhammed Zia and other city employees.

Below is a photo of Small snd various other Atlantic City officials.

All those who appeared with Small may also have violated the federal Hatch Act.

The Hatch Act is a federal law that was passed in 1939, to limit certain political activities.

Small demanding that Tibbitt "resign or we're going to recall your ass" and doing so on company time, flanked by city directors, council members and other employees at a city sponsored event ... from behind a podium with the seal of Atlantic City may be a violation of the federal Hatch Act.

The United States Office of Special Counsel is the federal agency that reviews complaints such as this.

Penalties for violating The Hatch Act may include:

• Suspensions.
• Fines.
• Termination.
• And, other remedies that this office deems to be appropriate for the particular offense.

We have been advised that It appears likely that a formal complaint will be sent to The United States Office of Special Counsel against Small and potentially the others who participated in this potentially rogue work event that was called by Small.

The penalties can be severe. To give you an example as to how serious this can be ... former Atlantic City Mayor Lorenzo Langford was banned from running for elective public office for 2 years when a a campaign related letter was sent out from Atlantic City Hall without his knowledge.

A second Small federal Hatch Act complaint against Small will apparently be filed as a result of Small’s April 1, 2024 press conference.

The complaint will center around Small using City Hall and City Council Chambers for what small and his attorney Ed Jacobs described as a personal matter.

Both Small and Jacobs stated at length that the current investigation of the Small’s is personal in nature and has nothing to do with his job as Mayor.

Also, a City of Atlantic City public information officer named Andrew Kramer emailed all city employees about attending the April 1, 2024 Marty Small press conference.

Here is a copy of that email.

Developing.

SOURCES: Atlantic City government sources.