Former Henderson mayoral candidate protests ‘bullying tactics’

A longtime Henderson employee alleges a city lawyer told him in January to withdraw from the mayoral race or face an ethics violation.

Rick Workman, accreditation manager for the Henderson Police Department, has been employed by the city for 13 years. He said he temporarily halted his campaign for mayor after receiving what he perceived as threats from the city attorney’s office.

“I couldn’t afford the battle, you know, the legal battle,” Workman told the Review-Journal on Tuesday.

On Wednesday, city spokesman Bud Cranor denied that Workman was told to pull out of the race. Cranor described the issue as “a misunderstanding.”

“There was no effort from the city in any way, shape or form to prevent Rick from running,” the spokesman said.

Fred Horvath, human resources director for the city, investigated the matter last week and later characterized it as a “difference of opinion.”

“I found nothing that I would take action on, based on my investigation,” Horvath said.

He said city officials simply wanted to ensure that Workman understood the consequences of a victory — that he would be required to quit his current job, for which he receives an annual salary of $125,453, if he won the election. The mayor receives $54,632 a year.

On Jan. 28, Workman filed as a candidate in the mayoral race against incumbent Andy Hafen. Hafen was re-elected Tuesday night when he received 55 percent of the vote.

In a request for a formal investigation, sent March 27 to Horvath, Workman alleged Assistant City Attorney David Hintzman called him on Jan. 29 and Jan. 31 to tell him that the city’s ethics law barred him from running for mayor.

During both phone calls, according to Workman’s letter, Hintzman also told him that he would be charged with an ethics violation if he failed to withdraw from the race by the Feb. 5 deadline.

Workman said Hintzman promised to provide him with a written opinion from the city attorney’s office, but nothing came before the deadline. In the days before Feb. 5, Workman said, he shut down his campaign website.

“I still believed I was right, but, more importantly, I was still afraid that I would lose my job and our home if I didn’t withdraw my candidacy,” Workman wrote in his letter to Horvath.

Horvath confirmed that Hintzman made both calls but said the lawyer denied telling Workman to withdraw from the race.

Hintzman wanted the candidate to understand that “his employment would be at risk” if he won the election, Horvath said.

Workman disagreed with the conclusion that he was precluded from holding both jobs but insisted that issue was not the main focus of the conversations.

According to the city charter, the mayor shall not hold “any other employment with the city, except as provided by law.”

And the city’s ethics ordinance states, “A city employee may run for or hold political office so long as that office is not inconsistent with the employee’s job duties.” Penalties for violating the ordinance include job termination.

Workman met with Police Chief Patrick Moers on Feb. 5 and was assured that he would face no discipline for proceeding with his campaign. Horvath said Moers reminded Workman that he could not use city time or equipment to run his campaign.

From then on, Workman ran his campaign without incident, Horvath said.

“Was there a week of confusion? No doubt about it,” Horvath said.

But Workman indicated in his letter that he proceeded with fear.

“Basically, I could not effectively campaign, and I was still worried about what they would do to me during and after the campaign,” he wrote.

Had he fallen for the “bullying tactics,” Workman told the Review-Journal, he would have pulled out of the race.

Horvath said he regrets that Workman did not come to him sooner.

“I did not hear about his concerns until March 27,” Horvath said.

He said he has a positive working relationship with Workman and “could have cleared this up in a heartbeat.”

Horvath said Workman received a written response from him and from City Attorney Josh Reid the day after the candidate submitted his written request for an investigation.

Reid’s response came in the form of an advisory opinion, in which he apologized “for the apparent breakdown in communication” and for the delay it caused.

The city attorney gave his opinion that Workman would have to resign from his current job if successful in his mayoral campaign.

In the primary election on Tuesday, Workman received
37 percent of the vote. Each of the other five challengers received less than 3 percent.