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"We have received a response, he (Rutkowski) is not in violation of the Hatch Act," said Allen.

Previously, Huron County Prosecuting Attorney Mark Gaertner filed complaints with the OSC regarding Rutkowski; Gaertner stated in the complaints that he felt Rutkowski was in violation of the Hatch Act. Allen also traveled to Tuscola County to meet with the Tuscola County Board of Commissioners to inform them of the Hatch Act and the possibility of a violation.

According to the OSC, the Hatch Act restricts the political activity of individuals principally employed by state, county or municipal executive agencies in connection with programs financed in whole or part by loans or grants made by the United States or a federal agency.

An employee covered by the act may not, among other things, be a candidate for public office in a partisan election.

"OSC's investigation found that in November 2007, Tuscola Prosecuting Attorney Mark Reene permanently restructured the Tuscola County Prosecuting Attorney's Office, dividing it into two divisions Ñ Criminal and Child Support. At that time, Mr. Rutkowski was the Chief Assistant Prosecutor. In that position, he was responsible for supervising the Criminal Division, which consisted of two Assistant Prosecutors. The office does not receive any federal grants to fund the operation of the Criminal Division," stated OSC Attorney Erica S. Hamrick.

She added, "Accordingly, after the restructuring of the office in November 2007, as Chief Assistant Prosecutor, Mr. Rutkowski did not have duties in connection with federally funded activities and was not covered by the provisions of the Hatch Act. OSC advised Mr. Rutkowski of such on April 2, 2008. Thus, when Mr. Rutkowski filed his candidacy for the Huron County Prosecuting Attorney on May 12, 2008, he had received written confirmation from OSC that the Hatch Act did not prohibit him from being a candidate while employed as Chief Assistant Prosecutor."

In her letter to Gaertner, Hamrick stated, "You have alleged there has been an 'intent to deceive and circumvent the Hatch Act' in regards to Mr. Rutkowski's current candidacy for Huron County Prosecuting Attorney. Based on the preceding information, we do not believe that is the case. Therefore, we are closing our file in this matter."

"In essence they (OSC) don't care; all they care about is the federal money," Allen said. "I still think it is fraud."