Josh Rowell
Heinz Kopp
Cpl. Josh Rowell, who has been with the Stockton Police Department for just over a year, was promoted to the department’s top post last week. Heinz Kopp, who became chief in Stockton in November 2008 and is now running as a Republican for Tooele County Sheriff, has been assigned to detective duties, according to Tony Garcia, Kopp’s campaign manager.
Kopp acknowledged Monday that he no longer was the town’s chief of police, and referred all questions to Garcia.
The switch was orchestrated by Kopp to avoid a conflict with the Hatch Act, a 1939 federal law that prevents a public employee whose primary job is federally funded from running for a partisan office.
The act, named after its sponsor Sen. Carl Hatch, D-N.M., was passed by congress in 1939 in response to allegations of federal Works Progress Administration employees and funds being used to influence the 1938 elections. Originally directed at federal employees, in 1940 the law was amended to include state and local employees whose salaries are funded by federal dollars.
“We want to preserve the integrity of their police department, the city of Stockton, and the chief from any suggestion of impropriety or wrongdoing,” said Garcia. Kopp first became aware of the possible conflict with the federal law when he was contacted by the county clerk’s office after filing for office. He has since been working to determine if the Hatch Act applies to his campaign for sheriff, according to Garcia.
“We have consulted the Office of Special Counsel [the federal office charged with enforcing the Hatch Act] as well as local private attorneys and have not received an answer about an interpretation of the law,” Garcia said. “In the meantime, Heinz stepped down on his accord to avoid any problems.”
Tooele County Clerk Marilyn Gillette is also trying to determine if the candidacy is legal.
“I contacted Heinz after he filed for office,” Gillette said. “From reading about the Hatch Act online, I’m not sure if it applies to him or not. I have asked him to send me a written description of his duties, which I will forward to the office of special counsel and request a formal ruling.”
Stockton Mayor Mark Whitney is out of town and has been unavailable for comment on the chief change. Rowell also did not return calls from the Transcript-Bulletin. Stockton town council members David Durtschi and Kendall Thomas said they were unaware the change had taken place.
“The police chief works for the mayor and they have made that change, but I am surprised they didn’t tell the council,” Durtschi said.
In the meantime, Kopp will continue to serve as a detective until a formal determination is made or the election is over, according to Garcia.
Rowell, at the age of 23, may be one of the youngest police chiefs in the history of Utah.
Rowell is the police officer that was suspended by former Stockton Mayor Dan Rydalch after ticketing Rydalch’s son for driving without a license n Oct. 2009. Rowell was later reinstated by the city council, and the scandal cost Rydalch his bid for re-election.
Tim Gillie: tgillie@tooeletranscript.com
Well, with the new state law on "disclosures", at least everyone has to put their conflicts of interest right up front, now. I just wonder if anyone will actually mete out punishments for legislating on these conflicts.
Good for Mr. Kopp doing this (?), ehem, I guess. I may be wrong, but isn't Tony Garcia a police officer / sheriff's deputy or something like that? (Excuse me if I'm wrong, as I'm making a presumption about Mr. Garcia's employment, given that he ran for Sheriff himself several years ago.) If Mr. Garcia is in such employ, he, too, might consider running HIMSELF through the same Hatch Act scrutiny before taking on the role as active campaign manager for Mr. Kopp, no?