HATCH ACT AND MSPB
Happy New Year and hoping you all had a great holiday season.
Well it is that time of the calendar again, Leap Year and a contentious Presidential election. No matter which of the myriad
of political parties you may affiliate with, we are Federal workers and our 1st Amendment rights are restricted with regard
to political speech. Our rights are restricted by the Hatch Act, which gives us guidelines about voicing our political positions
in the workplace, on official duty, and even off the work place during off duty hours. Please review the information below
to keep yourself out of trouble. With Congress looking for ways to "save a buck" on the back of Federal workers,
violating the Hatch Act could see you outside looking in at your old Federal job.
OSC Takes Firm Stance on Political EmailThe Office of Special Counsel -- enforcer
of the Hatch Act’s prohibition against partisan activity while on the job has toughened its stance on using government
email to engage in political activity.
1. Previously its
stance was that sending a couple emails here and there to a coworker expressing political views was OK because it amounted
to water cooler chatter and not active politicking, but citing four decisions the Merit Systems Protection Board issued last
year, it is now taking an absolutist stance.
2. It has removed an advisory that stated the equivalent of water-cooler conversation is passable
under the Hatch Act, and under which the defendants in the MSPB cases argued their emails were not in violation.
3. In one case the MSPB upheld the suspension of a defendant that
had sent a group email with an attachment promoting a Halloween party that doubled as a rally for a congressional candidate.
4. Another case dealt with sending propaganda designed to influence
the reader’s choice for president leading up to the 2004 elections. MSPB decided disciplinary action was warranted.
5. Another decision upheld the dismissal of a federal employee
and elected official of the California Green party who had sent numerous emails from his government computer aimed at the
success of the Green party including outreach and fund raising. “The Hatch Act prohibits federal employees from sending e-mails that advocate for a political
party or candidate for partisan public office while on duty or in a federal building, and engaging in such activity may subject
them to disciplinary action, including the loss of their job,” special counsel Scott Bloch said, adding, “No political
activity means no political activity, regardless of the specific technology used.”(taken from the Federal Manager’s Daily Report Tuesday, April 10, 2007)
More on Hatch Act
Permitted/Prohibited Activities for Employees Who May Participate
in Partisan Political Activity
These federal and
D.C. employees may
- be candidates for public office in nonpartisan election
s register and vote as they choose
assist in voter registration drive
s express opinions about candidates and issues
contribute money to political organizations
attend political fundraising functions
attend and be active at political rallies and meetings
join and be an active member of a political party or club
sign nominating petitions
campaign for or against referendum questions, constitutional amendments,
municipal ordinances
campaign for or against candidates in partisan elections make campaign speeches for candidates in partisan elections
distribute campaign literature in partisan elections hold office in political clubs or parties
These federal and D.C. employees may not-
use official authority or influence to interfere with an election
solicit or discourage political activity of anyone with business before
their agency
solicit or receive political contributions (may be done in certain limited situations by federal labor or other employee
organizations)
be candidates for public office in partisan elections
engage in political activity while:
on duty
in a government office
wearing an official uniform
using a government vehicle
wear partisan political buttons on duty
Frequently Asked Questions and Answers For Employees Who May Engage
in Partisan Political Activity.
Listed below are answers to some of the most frequently asked questions received by OSC about political activity by
federal employees.
Question: Can I make a contribution to
the campaign of a partisan candidate, or to a political party or organization?
Answer: Yes. A federal employee may contribute to the campaign
of a partisan candidate, or to a political party or organization.
Question: If I have a bumper sticker on my personal car, am I
allowed to park the car in a government lot or garage, or in a private lot/garage if the government subsidizes my parking
fees?
Answer:
Yes. An employee is allowed to park his or her privately owned vehicle with bumper sticker in a government lot or
garage. An employee may also park the car with a bumper sticker in a private lot or garage for which the employee receives
a subsidy from his or her agency.
Question: Can I help organize a political fundraiser?
Answer: An employee is allowed to organize a fundraiser, including
supplying names for the invitation list, as long as he or she does not personally solicit, accept, or receive contributions.
Question: Can my name appear on invitations to a political fundraiser
as a sponsor or point of contact?
:
No. An employee’s name may not be shown on an invitation to such a fundraiser as a sponsor or point of contact.
Question: Can I speak at a political fundraiser?
Answer: An employee is allowed to give a speech or keynote address
at a political fundraiser, as long as he or she is not on duty, and does not solicit political contributions.
Question: If I’m going to speak at a political fundraiser,
what information about me can be printed on the invitations?
Answer: An employee’s name can be shown as a guest speaker.
However, the reference should not in any way suggest that the employee solicits or encourages contributions. Invitations to
the fundraiser may not include the employee’s official title; although an employee who is ordinarily addressed with
a general term of address such as “The Honorable” may use, or permit the use of, that term of address on the invitation.
Question: Can I attend a state or national party convention? If
so, in what capacity?
Answer: Yes. A federal employee may serve as a delegate, alternate, or proxy to a state or national
party convention.
Question:
If I run as a candidate for public office in a nonpartisan election, does the Hatch Act allow me to ask for and accept
political contributions?
Answer: An employee who is a candidate for public office in a nonpartisan election is not barred
by the Hatch Act from soliciting, accepting, or receiving political contributions for his or her own campaign.
Question: May I distribute brochures for a political party to
people arriving at a polling place on Election Day?
Answer: Yes. An employee may stand outside a polling place on
Election Day and hand out brochures on behalf of a partisan political candidate or political party.Answers to other questions about allowable political activity by federal employees
can also be found in Hatch Act regulations in title 5 of the Code of Federal Regulations. Questions not answered above, or
in the regulations, can be submitted to OSC for an advisory opinion. Federal employees should also be aware that certain political
activities may also be criminal offenses under title 18 of the U.S. Code. See 18 U.S.C. §§ 210, 211, 594, 595, 600,
601, 602, 603, 604, 605, 606, 607, 610. So my follow Federal workers, watch what you say and do, particularly with official
emails and leadership positions. Do not take a chance!, take it out of the workplace!
