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The Colorado Democratic Party filed a complaint today alleging that the head of the Environmental Protection Agency may have violated federal law.

The complaint, lodged with the U.S. Office of Special Counsel in Washington, D.C., contends that EPA administrator Stephen L. Johnson attended a political fundraising event while being headlined as a government official.

Fundraising organizers for GOP congressional candidate Rick O’Donnell sent out the invitation along with an e-mail about the event. The subject line used Johnson’s official title.

This, the party says, may have violated the Hatch Act, which prohibits executive branch officials from using their titles or allowing their titles to be used in connection with fundraising activities

“By exploiting Mr. Johnson’s role as EPA administrator, Mr. Johnson and the O’Donnell campaign have jeopardized what should be a distinct separation between public policy and partisan politicking,” wrote Democratic state party chairman Pat Waak.

The invitation, however, used Johnson’s name but not his title and the e-mail was never approved by the EPA or Johnson himself, said agency spokeswoman Lisa Lybbert.

“The invitation was approved by our ethics office,” she said. “(Johnson) was 100 percent ethical and legal in his actions.”

The Center for Responsive Politics, a political watchdog group, didn’t think that Johnson violated the Hatch Act for a number of reasons, including the fact that the e-mail was not sent by the administrator and he didn’t solicit any money at the event.

“The case is unusual, however, because there are certain political appointees that don’t tend to go on the road to stump for candidates,” said Massie Ritsch, the center’s communications director.

O’Donnell is the sole Republican running for the 7th Congresional District. Democrats Ed Perlmutter, Peggy Lamm and Herb Rubenstein are also running.

The O’Donnell campaign, through spokeswoman KC Jones, said the complaint was “frivolous” and “an angry partisan attack.”

Staff writer Karen Crummy can be reached at 303-820-1594 or at kcrummy@denverpost.com.

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