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In 2004 election, Rutkowski lost by a narrow margin against Gaertner, according to Huron County election records.

Where do we begin with the 2008 election?

On May 12, 2008, the day before the election filing deadline, Rutkowski filed an "Affidavit of Identity and Receipt of Filing" for the Huron County Prosecuting Attorney position with the Huron County Clerk's Office under the Republican Party and paid the $100 filing fee.

On May 13, Gaertner filed a complaint with the U.S. Office of Special Counsel (OSC) stating, "I respectfully request the OSC send to Mr. Rutkowski a warning letter explaining that the facts known would warrant a finding that he is in violation of the Hatch Act and caution him about the possible consequences of his continued candidacy, namely, removal from his employment with Tuscola County."

On May 15, Gaertner filed with the OSC "supplemental materials of additional allegations" against Rutkowski, again stating he feels Rutkowski is in violation of the Hatch Act.

On May 19, additional information was sent to the OSC by Gaertner with concerns and documentation in which he feels the Hatch Act is being violated and that the OSC "take the appropriate action."

"I am doing this as the Huron County Prosecuting Attorney, (Corporate Counsel Steve) Allen is involved as Chief Assistant Prosecuting Attorney; we believe there has been a violation of the Hatch Act and, in my opinion, there is probable cause, at the state level a violation of fraud has occurred," said Gaertner.

He added, "I have a duty as a prosecutor to inform the Federal Government of a violation. We have notified the Hatch people of a potential violation, we have a duty to do this; there is no politics involved with this."

So, what is the Hatch Act? According to the U.S. Office of Special Counsel, "The Hatch Act applies to executive branch state and local employees who are principally employed in connection with programs financed in whole or part by grants made by the United States or a federal agency."

In both Huron and Tuscola Counties, programs such as Federal funding pursuant to title IV-D of the Social Security Act to enforce child support obligations. Both County Prosecuting Attorney Offices do receive such funding. The funds are distributed by the department heads (Prosecuting Attorney) internally and proportionately as salary to the office staff.

Therefore, if one of the staff, seeking election, receives part of this funding towards their salary and/or works on cases pertaining to such activities covered by the Federal funding, then they obviously would be in violation of the Hatch Act.

Gaertner also stated, "Although Rutkowski's salary is entirely paid with county funds, the pay of some members of his staff was and is partly funded by federal grants of child support enforcement, commonly known as the IV-D Grant. This particular grant originates from the Child Support Enforcement Program under the Social Security Act and is overseen by the U. S. Department of Health and Human Services."

Gaertner feels the Hatch Act was violated by Rutkowski because, "Mr. Rutkowski is covered by the Hatch Act due to his oversight of the prosecutor's office programs funded by this grant and his responsibility of seeking and receiving the grants. This is especially true in light of his duties as Chief Assistant Prosecuting Attorney."

In response to the allegations and to clarify issues in the Tuscola county Prosecuting Attorney's Office, Tuscola County Prosecuting Attorney Mark Reene recently provided some answers.

"In an effort to clarify and correct several misrepresentations that have been made since Mr. Timothy J. Rutkowski filed to run as a Republican candidate for the position of Huron County Prosecuting Attorney the following facts should be noted: