U.S.

OFFICE OF SPECIAL COUNSEL

1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
202-804-7000

April 25, 2019

Mr. Seth Piccirillo

Director
Niagara Falls Community
Development/Code Enforcement
1022 Main Street
Niagara Falls, NY 14301

VIA ELECTRONIC MAIL: seth.piccirillo@niagarafallsny.gov

Re: OSC File No. HA-19-0286

Dear Mr. Piccirillo:

This letter is in response to a complaint the U.S. Office of Special Counsel (OSC) received
alleging that your current candidacy for mayor of Niagara Falls, New York, violates the Hatch Act.1
OSC understands that you serve as the director of both the Niagara Falls Department of Code
Enforcement and Niagara Falls Community Development. As explained below, OSC has concluded
that your candidacy does not violate the Hatch Act.

The Hatch Act governs the political activity of certain state and local government employees
in order to protect the public workforce from partisan political influence and ensure the nonpartisan
administration of laws.2 Among other things, the Hatch Act prohibits state and local government
employees whose salaries are paid entirely with federal funds from being candidates for public office
in partisan elections.3

OSC understands that you have been the Community Development Director since 2012. On
January 1, 2018, you also assumed the duties of Code Enforcement Director, for which you receive a
nominal salary paid for by the city of Niagara Falls. And while a portion of your Community
Development Director salary has been funded by federal grants, OSC confirmed that it has not been
entirely federally funded. For example, from August 1 to December 31, 2018, your Community
Development Director salary was only 29 percent federally funded. Further, OSC understands that
only 55 percent of your Community Development Director salary for 2019 is anticipated to be paid
with federal grants. Accordingly, because your salary is not entirely federally funded, you are not

1
The complaint also alleged that you violated the Hatch Act in October 2018 by filming a campaign video at
work and in your office. However, OSC reviewed the campaign video at issue and, even assuming that the
video was filmed in your office, there is no official insignia displayed or otherwise visible in the video to
suggest that you were using your official authority for campaign purposes.
2
5 U.S.C. §§ 1501-1508.
3
5 U.S.C. § 1502(a)(3).
U.S. Office of Special Counsel
Page 2

subject to the Hatch Act’s candidacy prohibition. Therefore, your candidacy for mayor does not
violate the Hatch Act, and we are closing this matter without further action.4

Please contact OSC Hatch Act Unit Attorney Kelley Resendes at (202) 804-7086 if you have
any questions.

Sincerely,

Erica S. Hamrick
Deputy Chief, Hatch Act Unit

4
It was alleged that prior to announcing your candidacy for mayor in October 2018, your salary and job
responsibilities were changed to avoid being subject to the Hatch Act’s candidacy prohibition. OSC’s
investigation did not corroborate that allegation.