Special Counsel to investigate whether Richard Del Toro violated Hatch Act

Richard Del Toro

The U.S. Office of Special Counsel will investigate whether a St. Lucie County Sheriff candidate violated the Hatch Act.

The federal agency received a complaint alleging Richard Del Toro can’t serve as Port St. Lucie’s Interim Police Chief and run for Sheriff. The filing accused Del Toro of knowingly violating a federal law that prohibits public officials from using their “official authority or influence for the purpose of interfering with or affecting the results of an election or a nomination for office.”

The complaint cites reporting by Florida Politics on potential violations of the federal law by Del Toro’s campaign, both in serving as a Police Chief while running and for campaign fundraising emails identifying other Police Chiefs as supporters.

The Office of Special Counsel informed the complaint filer that the agency launched an investigation of the matter. The case was referred to Nicqelle Fleming, who works in the agency’s Washington office.

Florida Politics obtained a copy of the complaint, which was filed on Jan. 17. It was provided on the condition the complainant not be publicly identified, and the filer declined in the complaint to willingly have his or her identity disclosed as part of the investigation.

The federal form provides a checklist for complaints about the Hatch Act to determine if a violation should be investigated.

Those include whether the subject of the complaint serves as a political appointee and works with an agency that accepts federal funding, both of which apply in Del Toro’s case. But the complaint also acknowledges Del Toro’s public salary isn’t covered entirely by federal dollars.

The complaint says Del Toro should know the Hatch Act applies to his own political activity because the Port St. Lucie Police Department’s annual financial report for 2022 clearly indicates the police force uses federal grants, including a Justice Assistance Grant worth $21,609 and a COPS Community Policing Development grant worth $98,174.

“The interim police chief is responsible for implementation of all aspects of the office, including the federally funded grant programs,” the complaint states.

It also takes issue with an invitation for a campaign fundraiser that listed three local law enforcement leaders in their official capacities as part of the host committee.

Of note, two of those individuals — Sheriff’s Office Chief Deputy John Budensiek and Fort Pierce Chief Diane Hobley-Burney — said they asked not to be listed on the invitation. Stuart Police Chief Joe Tumminelli said he had no problem being listed and did not believe his political activity violated the Hatch Act.

“In violation of the Hatch Act, Subject both listed individuals by their official capacity as being endorsers (both with and without permission) AND had individuals present at a fundraiser in uniform,” the complaint alleges.

Del Toro previously told Florida Politics the invitation with Budensiek and Hobley-Burney listed as supporters was not supposed to be widely released.

“I am proud of our campaign and the continued success of our community events,” he said in a statement. “A draft invitation was inadvertently circulated that underwent several revisions prior to being finalized. Our team is grateful for the community’s support and looks forward to more successes in 2024.”

Del Toro is one of four Republicans running for Sheriff, including appointed incumbent Sheriff Keith Pierson, police officer Preston Michael DiFrancesco and former state trooper Rich Williams.