Lee County Sheriff Mike Scott

One day after Lee County Sheriff Mike Scott sparked a national controversy by referring to Democratic presidential candidate as Barack Hussein Obama, the federal government is investigating a complaint about his remark and members of the local ACLU and NAACP have called for an apology, saying Scott’s action was racist.

Meanwhile, Scott’s office has been inundated with more than 600 calls from people registering their support or opposition to what he said, and a record of more than 1,000 posts had been made to the developing story on news-press.com Tuesday night.

Opponents claim he was taking a swipe at Obama by attempting to falsely link him to Muslim terrorist ties.

Scott said he had no ulterior motive for his choice of words.

“Unless he changed his name, my position hasn’t changed,” Scott said. “It seems very clear to me that people have one of three stances on this thing: There are those who dislike it, there are those who like it, and there are those who think it’s a whole big deal about nothing, which is where I stand. …

“As of this writing, I am unaware of having done anything to generate all this attention other than using the senator’s full name.”

The Republican sheriff, who is up for re-election, maintained he spoke only for himself at the rally and not on behalf of his agency or residents of Lee County.

A complaint sent to the U.S. Office of Special Counsel Tuesday alleged Scott violated the Hatch Act, which prohibits federal employees from engaging in partisan political activity, because his agency receives federal dollars, and Scott was engaging in political activity while on duty and in uniform and using his position to sway an election. Erica S. Hamrick, senior attorney at the special counsel, said in an e-mail an investigation was being opened. Neither she nor her office could be reached for further comment Tuesday.

It is standard procedure for an agency to open an investigation when someone files a complaint. Scott said just because an investigation is initiated does not mean there is evidence of wrongdoing.

“When someone calls and makes a complaint, you don’t just say, ‘Well thanks for calling, but we’re not going to do anything about it,’” he said. “No, you open up an investigation. But I still stand by the fact that I did nothing wrong.”

Calls flooded the sheriff’s public information office Tuesday with both criticism and support, and a news conference was held by members of the Fort Myers Coalition for Justice, the NAACP and the ACLU, pulling their support for Scott unless he makes an apology.

Scott admitted he never expected the firestorm.

Representatives for McCain and Palin distanced their camps from Scott’s use of the name.

“The use of a name that has a Middle Eastern sound was used to insinuate the Muslim faith,” said Adrianne Marsh, spokeswoman for Obama’s Florida campaign. “The fact of the matter is Sen. Obama is Christian, and always has been.”

Marsh said much of the information provided at the rally was inaccurate or misleading.

“Monday’s rally by the McCain-Palin campaign contained a number of false negative attacks, which clearly shows they are offering more of the same divisive politics of the past,” Marsh said. “These attacks are nothing more than distractions around the economy, which we should be talking about.”

Other questions

Some also are questioning whether Scott violated the county code of ethics, which indicates no county government employees are allowed to wear any uniform or clothing that would identify them as such while engaging in a political campaign not sponsored by the county, even if they are off-duty. But the sheriff, according to Sgt. Larry King, is not considered an employee of the county — rather he is an elected official. His budget is approved by the county, but he answers to the governor and to his constituents.

Commissioner Tammy Hall said her office, too, received a rush of calls about the matter, many from out of state. Hall said callers may not have been aware commissioners do not oversee the sheriff. She reiterated, however, her office has a good working relationship with Scott and she backed his integrity.

Other local officials were outspoken against Scott’s choice of words. Lyle Olson, executive committee member for the Democratic Party of Lee County, said the action showed “totally poor judgment.”

“It was meant to incite anti-Obama feelings,” Olson said. “Then he tries to claim it was his personal opinion, yet he was standing there in his uniform.”

James Muwakkil, founder of the 300-member Fort Myers Coalition for Justice and a life member of the NAACP and ACLU, called for a formal apology. He said while he supports the sheriff’s right to speak his mind, he criticized him for doing so while in uniform. He believed it was an affront to all county residents who may not share the sheriff’s views. He also believed there were racial connotations.

“He spoke in an inflammatory manner,” Muwakkil said. “As a citizen he has the right to free speech, but not when he represents all people with that sheriff’s uniform. That uniform represents something much bigger than him. That uniform represents justice and equality for all people.”

Still, Scott defended wearing his uniform, saying he is on-duty every hour of every day.

“Like every other elected official I am aware of, from president to governor to state representatives, etc., we engage in political activities whether for ourselves as candidates or for others,” Scott said.

According to the Florida Sheriff’s Association in Tallahassee, a sheriff can wear his uniform however he sees fit.

“It is up to his discretion,” said William Powers, general legal council for the association. “Deputies can not campaign in their uniforms, but the incumbent can, because he’s an elected official.”

It is not the first time a Lee County sheriff has found himself in the national hot seat. Former Sheriff John McDougall twice appeared on the “Today Show,” once denouncing abortion and again to warn away tourists from Lee County, saying it wasn’t safe.

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