IEC Journal

Senate Approves Hatch Act Update

The Senate has unanimously approved the first Hatch Act reform measure in nearly 20 years, paving the way for some state and local government officials to run for partisan elected office.

The 2012 Hatch Act Modernization Act would ensure state and municipal employees whose salaries come entirely from federal funds remain prohibited from seeking elected office, but would lift the ban for others. Currently, all non-federal government employees who receive any federal funds are barred from running for office. The bill also would expand the options for penalizing federal employees who violate the law.  As it currently stands, these employees face immediate termination.

OSC Ok's Wearing Campaign Shirts

Federal employees won’t violate the Hatch Act by wearing clothing or carrying items from presidential campaigns to work, but they still are prohibited by law from donning or displaying paraphernalia that directly support a political party or group, according to an advisory memo from the federal government’s independent investigative body.

Fine Line Between Official and Political Speech

Government Executive reports on the legal issues involved with executive-branch officials speaking at campaign events.

OSC Finds HHS Chief Violated Hatch Act

Government Executive reports the Office of Special Counsel found that Health and Human Services Secretary Kathleen Sebelius violated a law limiting political activity in the federal workplace when she made off-the-cuff remarks at an official event in February.

OSC-- responsible for enforcing the Hatch Act -- found Sebelius guilty of making “extemporaneous partisan remarks” when delivering the keynote speech in her official capacity at the Human Rights Campaign Gala in North Carolina. 

At the event, Sebelius endorsed the Democratic candidate for governor in North Carolina, Lt. Gov. Walter Dalton. She also told the audience it was “hugely important to make sure that we reelect the president.”

OSC Posts Press Release on New Hatch Act Modernization Act of 2012

See the press release here.

OSC new Q&A on use of title

From the Office of Special Counsel Hatch Act (Apr. 12, 2012):

"Recently the Office of Special Counsel’s Hatch Act Unit has received several questions regarding whether a Cabinet secretary may use the title “Secretary” when engaged in political activity, such as speaking at a political campaign event.  The following Q&A was written in response to those questions.  It will be posted on [OSC's] website.

"Q:  When engaging in political activity (i.e., activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group), such as speaking at a political campaign event, may a Cabinet secretary use the title “Secretary?”

"A:  No.  Hatch Act regulation states that an employee may not use his or her official title while participating in political activity.  5 C.F.R. § 734.302(b)(1).  Accordingly, a Cabinet secretary may not use the official title “Secretary” when engaging in political activity, such as speaking at a political campaign event.  However, a Cabinet secretary may use a general form of address, such as “The Honorable,” when engaging in political activity, as such address does not identify his or her position.  5 C.F.R. § 734.302, Example 1.

"... if you have any Hatch Act related questions, feel free to contact the Hatch Act Unit at 202-254-3650 or send an e-mail to Hatchact@osc.gov."

Downloading Problems?

One IEC member was unable to download the Hatch Act PowerPoint show distributed here recently. Here are some suggestions, for those who might experience similar problems:

In a sometimes misguided attempt to bolster security, some agencies install arbitrary automated rules limiting downloads from certain sites, or certain types of files. For some reason, the Army was particularly prone to such errors a few years ago. It sounds like you are experiencing a similar problem.

In my experience, if you can find the right person on your IT staff and patiently explain the error to the right person, they will usually correct their mistake. I’ve generally found it easier to get the file I need by accessing IEC Journal from a computer that is not under agency control.

 

Usually I would suggest a third troubleshooting technique: Download the slide show from the OSC web site (in case the filter in question gave preference to .gov domain websites). However, on a quick search, I was unable to locate the slide show there.

Hatch Act Resources

With a national election looming, it is the season for Hatch Act awareness and training. Our Hatch Act archives are one source. For a sample of the lighter touch, try Rosa Koppel's Hatch Act poem, published here last year.

April 2012 IEC Presentation Materials: OSC Hatch Act Hot Topics

[UPDATED] Here are the handouts for this week's IEC presentation:

• Power Point Presentation: Download 2012 Hot Topics
• Updated OSC Social Media Hatch Act Guidance: Download Social Media and the Hatch Act 2012
• OSC Advisory Opinions:
  • Mixed Travel (Oct. 6, 2011) Download Mixed Travel AO
  • Political Briefings (Oct. 6,2011) Download Political Briefings AO

Please print out and bring to the presentation.

UPDATED: OSC Social Media Hatch Act guidance

The updated guidance modifies OSC's position on Further Restricted employees Facebook activities. 

"OSC now advises that, regardless of the employee’s privacy settings, the Hatch Act would not prohibit a further restricted employee from 'following' the Twitter account of a political party, partisan group, or partisan candidate’s campaign.  Similarly, the Hatch Act would not prohibit a further restricted employee from becoming a 'friend' of or 'liking' a political party, partisan group, or candidate’s Facebook page.  OSC does not view such activity as active participation in partisan political campaigning."

However, Further Restricted employee could violate the Hatch Act (by "active participation in partisan political campaigning") with posts and comments on these entities’ Facebook pages or Twitter accounts, and Facebook “share” or “re-share” or Twitter "re-tweets" from these entities. 

See the updated guidance at: Download Social Media and the Hatch Act 2012

Proposed Hatch Act Reform Bill Status

Talking Points Memo has an update on the status of the proposed Hatch Act Modernization Act of 2012.

Hatch Act Proposal

Thanks to Jack Fisher for alerting us to a Federal Times article on possible Hatch Act amendments.

Hatch Act Training Materials

Looking for fodder for your election year Hatch Act training? The Hatch Act section of the Office of Special Counsel website is a good place to start. The archives of our Hatch Act category provide examples and related material. 

We welcome your suggestions as to other sources.

NPR Interview with OSC Head Lerner

NPR has a transcript of its January interview with Carolyn Lerner, head of the U.S. Office of Special Counselt.

An Ounce of Prevention, Hatch Act-Style

Thanks to Wayne Johnson for alerting us to the Office of Special Counsel's expansive policy on Hatch Act training:

Now that the 2012 President election season is under way, the U.S. Office of Special Counsel (OSC) is offering to provide agencies with speakers regarding the Hatch Act. To that end, OSC Hatch Act Unit attorneys will give training attendees an informative presentation on the statute and its political activity restrictions as well as provide many examples of permitted and prohibited activities and field any questions that attendees might have.

To request someone from the Hatch Act Unit to speak at an agency training session or event, you should complete the speaker request form found at http://www.osc.gov/outreachRequestOSCspeaker.htm. Once completed, fax the form to OSC Outreach at (202) 653-5161.

For additional information about the training OSC provides, you may contact Shirine Moazed, Washington Field Office Chief, at (202) 254-3600 or click on the following link http://www.osc.gov/outreach.htm which will direct you to the section of OSC’s website that discusses the outreach / training program.

Praise for Active New OSC Chief

The Washington Post had a profile of new Office of Special Counsel head Carolyn Lerner. Here's an excerpt:

Since she took over the obscure investigative unit that reviews disclosures of government wrongdoing — and advocates for employees who are punished for reporting it — the employment and civil rights lawyer, 46, has shown a willingness to shake things up.

In several high-profile cases, Lerner has gone to the mat and tried to expand the boundaries of the law’s protections for whistleblowers. She has lifted long-sagging morale at an agency that, instead of behaving as an independent watchdog, has treaded water for much of its existence.

Lerner’s staff is tackling neglected cases, in contrast to her predecessor, whose office had thrown many out, and claims have shot up since she arrived, Lerner says. She has challenged judgments by the panel that decides civil service disputes. And she has called for wholesale changes to the law prohibiting politicking by public employees so local and state workers can run for office, even if their jobs are tied to federal funding.

 

Dept. of Education IG Investigates Misuse of Information

POGO selected a lengthy POGO blog post discusses an investigation by Department of Education Inspector General Kathy Tighe into improper use of government information as one of its top 10 posts of 2011. Here's an excerpt:

Among other things, Tighe will examine whether confidential DoED information and draft documents, including one produced by her own office, were transferred to Wall Street short-sellers seeking informational advantage in their bets on the future of the $35 billion for-profit education industry. Beyond the propriety of the Education Department's conduct, the phenomenon raises broader questions about the integrity of government decision-making in the face of relentless Wall Street scrutiny.

The case is also among the latest high-profile examples of Wall Street or individual investors trying to access non-public government information. Another involves a Food and Drug Administration chemist who in March was alleged to have misappropriated confidential agency information about drug tests to make $3.6 million in the stock market.

 

NPR Story on Office of Special Counsel

National Public Radio has a positive story available about the turnaround at the Office of Special Counsel. Here's an excerpt:

If [new Special Counsel Carolyn] Lerner keeps up her recent pace, the office may not remain secret for much longer. She went public earlier this month with a report critical of personnel decisions by the Air Force. Lerner raised questions about whether the Air Force had inadequately disciplined managers at the mortuary at Dover Air Force Base, where three whistle-blowers reported that remains of dead American service members had been mishandled.

"Because we're independent, we really can be an objective source for reviewing what the agency's internal investigations uncover and pointing out problems with those investigations," Lerner says. "If there are still questions that remain, we can raise them."

Debra Katz, a Washington employment lawyer who's followed the office for decades, took note.

"By taking the position that she did, and making it clear she was not going to be a wallflower or someone who could just be walked over, but she would go toe-to-toe with the Air Force, she sent a very strong message that whistle-blowers would be protected," Katz says.

OSC Director's comments on proposed legislation

• POLITICO recent article on OSC Director's comments about the need to update and revise the Hatch Act.  See http://www.politico.com/news/stories/1011/67207.html#ixzz1cPUTfO9b. 
• Full OSC Director's NY Times op-ed at: http://www.nytimes.com/2011/10/31/opinion/the-hatch-act-a-law-misused.html?_r=1&ref=opinion.
• Proposed legislation: http://www.osc.gov/documents/press/2011/pr11_16ha.pdf

OSC Proposes Hatch Act Changes

The Office of Special Counsel has proposed legislative changes to the Hatch Act, including adding graduated penalty options to the only choices are not firing or 30 day suspension.

New DOD SOCO Advisory Published

SOCO Advisory 11-04 is available. The topics include:

1. Hatch Act Guidance for Civilian Employees

2. 2011 National Emergency Extended by President

3. Encyclopedia of Ethical Failure update

4. Combined Federal Campaign

Two Federal Employees Disciplined for Political Activity

An Office of Special Counsel press release reports on two employees who were disciplined for prohibited political activity.

In one case an NIH employee was fired for soliciting political contributions and inviting 63 people, including other NIH employees, to a political fundraiser at her home in Bowie, Maryland. The administrative law judge explained that the

[T]he intent of the Hatch Act is to ensure that federal employees may exercise their right to participate or to refrain from participating in the political processes of the Nation. This right is inhibited if other employees in the federal workforce solicit campaign contributions through the agency’s e‐mail system or make political contributions using government computers while on duty [or] on government property.

The other case involved a New Jersey state employee who worked on federally funded contracts. He agreed to retire and was barred from employment with any state or local agency within the State of New Jersey for 15 months.

 

Hatch Act Loosening in King George, VA?

According to Government Executive:

Most federal employees living in King George County, Va., would be partially exempt from restrictions on political activity under a proposed rule from the Office of Personnel Management.

House Committee Hearing Explores Hatch Act Problems

The June 28 edition of the Washington Post's Federal Diary column summarized problems with the Hatch Act explored at a recent hearing of the House Oversight and Government Reform Committee meeting. It makes for some interesting reading. The conclusion:

Revisions are on the horizon, and they’ll probably find support from both Republicans and Democrats on a panel often riven by partisanship. Committee Chairman Darrell Issa (R-Calif.) opened the hearing by saying “inconsistencies within the act and/or loopholes need to be reviewed.” And the top Democrat on the panel, Rep. Elijah Cummings of Maryland, said he looks forward to working with Issa “on bipartisan legislation to update and clarify the Hatch Act.”

More ethics related news items

Government press releases on misconduct:

• Bureau of Prisons employee indicted for selling govt equipment. http://www.justice.gov/oig/reports/press/2011/2011_06_09a.pdf
• FEMA employee charged with embezzling $149K. http://www.dhs.gov/xoig/assets/press/oigpr_040811.pdf
• Former supervisory at US Customs & Immigration Service convicted of bribery.  http://www.dhs.gov/xoig/assets/press/oigpr_050311.pdf
• Coast Guard Officer indicted in kickback scheme in Coast Guard contracting. http://www.dhs.gov/xoig/assets/press/oigpr_060911.pdf
• Army Sergent indicted in bribery scheme related to govt contracting. http://www.justice.gov/opa/pr/2011/June/11-crm-809.html 

Other news articles:

• The Hill's report on corrupation in the Customs & Border Protection Agency. http://thehill.com/blogs/blog-briefing-room/news/165925-corruption-a-problem-at-customs-and-border-protection-agency-head-says
• GovExec article on the Congressional testimony by Ana Galinda-Marrone, Chief of the Hatch Act unit at the Office of Special Counsel re complaints of inappropriate partisan political activity in Federal workplace. http://www.govexec.com/story_page.cfm?articleid=48056&dcn=e_gvet

New Hatch Act Posters Available

The Office of Special Counsel recently added two revised posters to its website. Both are available here:

1. The Hatch Act and Federal Employee
2. The Hatch Act and Further Restricted Federal Employee

Another Hatch Act E-Mail Case

A June 8 OSC press release describes a new enforcement action: 

OSC’s complaint, filed with the U.S. Merit Systems Protection Board (MSPB), charges the employee with violating the Hatch Act by sending eight e-mails to numerous recipients that were directed toward the success or failure of candidates in the 2008 Presidential election. The e-mails were sent while the employee was on duty and in the federal workplace. The employee used her government e-mail account to send the messages, each of which featured her official government title. In addition, one of the employee’s e-mails, which she sent to 20 recipients, included a request for financial contributions on behalf of a Presidential campaign. OSC’s investigation showed that the employee knew or should have known about the Hatch Act and its restrictions.

Waxing Poetic About The Hatch Act

The most recent issue of the Federal Labor Relations Authority's in-house newsletter contains a wonderful poetic treatment of the "Federal Employee's Cheat Sheet on the Hatch Act," inspired by OSC's recent update of its Hatch Act Q & As:

FLRA Ethics Corner 6-3-11

In the right hands, creative material like this can be a fantastic spark for ethics training, via newsletters or as a part of live training.

Distributing material like this is one of the main purposes of this website, and we very much appreciate Rosa Koppel's sharing it with us. Please follow her example, and let us know when you create or come across something that could be of use to your fellow toilers in the vineyard.

Gonzales Expresses Regret Over Politicized DOJ Hiring

Excerpts from a Legal Times BLT blog post:

Former Attorney General Alberto Gonzales has said for the first time that "I am disappointed that I didn't do things differently" to stop the politicization of the system of hiring career Justice Department attorneys through its honors program during his time in office. ...

Internal investigations of the honors and summer intern programs that were made public in 2008 found that Department officials did Internet searches to investigate the applicants' political and ideological affiliations, added that information to applicants' files, and used it to "deselect" some of those who would otherwise have been interviewed and hired. One candidate was nixed because he had run for office as a Green Party candidate. The suit as it now stands is based mainly on the Privacy Act, which bars the government from maintaining records about individuals' exercise of First Amendment rights unless authorized by law.

TPM Muckraker has a copy of the former Attorney General's depostion.

More FAQs from the Office of Special Counsel

On May 12, 2011, OSC issued more Frequently Asked Questions focused on Presidential appointee with Senate confirmation (or PAS).  The questions and answer are already posted on their website at http://www.osc.gov/haFederalfaq.htm.  The questions include:

• I am an employee who was appointed by the President, by and with the advice and consent of the Senate.  Am I covered by the Hatch Act?
• I am an employee who was appointed by the President, by and with the advice and consent of the Senate.  Does the exemption from the Hatch Act’s prohibition against engaging in political activity while on duty, which applies to me, also apply to my staff?
• May a Presidential appointee with Senate confirmation (PAS) ask a subordinate schedule C or non-career senior executive service appointee (or any other subordinate federal employee) to write a policy speech for the PAS to give at a partisan political event?
• May an employee appointed by the President, by and with the advice and consent of the Senate (PAS), ask his chief of staff (or any other subordinate employee) to contact and/or liaison with a political party to find out where, or if, the party needs the PAS’s help?
• May a Presidential appointee with Senate confirmation (PAS) ask his executive assistant (or any other subordinate employee) to attend a political party meeting that the PAS is scheduled to attend but is now unable to do so?

If you have any Hatch Act related questions, OSC's Hatch Act unit is available at 202-254-3650 or Hatchact@osc.gov. 

OSC additional guidance on photos of the President & Vice President

On April 5, 2011, the Office of Special Counsel (OSC) issued guidance regarding pictures of President Obama in the federal workplace now that he is officially a candidate for reelection.  That opinion can be found on our website: http://www.osc.gov/documents/hatchact/federal/2011-04-05%20FAQ%20Re%20Presidential%20photographs%20and%20candidacy%20for%20reelection.pdf. 

Since issuing that opinion, OSC has received several inquiries regarding pictures of Vice President Biden.  In a listserve email, OSC advises that the guidance we issued about pictures of President Obama also applies to pictures of Vice President Biden.

In addition, OSC has been asked whether employees appointed by the President, by and with the advice and consent of the Senate (PAS’s), should follow this same guidance.  They confirmed, certain PAS’s, who meet the criteria set forth in 5 U.S.C. § 7324(b), are exempt from the Hatch Act’s prohibition against engaging in political activity while on duty, in a federal room or building, while wearing an official uniform, or using a government vehicle.  The legislative history of the political activity exemption of 5 U.S.C. § 7324(b) reveals that it is a narrow exemption created to accommodate high-level political officials who would never have an opportunity to engage in political activity because they are on duty or on call by the President at all times.  H.R. Rep. No. 103-16, at 22 (1993).  The exemption was never intended to allow a PAS to engage in excessive political activity while on duty or in a government building.  See id.  Furthermore, a PAS who is exempt from these political activity restrictions is still subject to the restriction against using his official authority or influence for the purpose of affecting the results of a partisan election. 

Therefore, PAS’s should not engage in any activity that would implicitly coerce subordinate employees to support a candidate in a partisan election.  Accordingly, OSC has advised PAS’s not to display partisan campaign materials in the federal workspace.  In the same vein, OSC would advise PAS’s to follow OSC’s April 5, 2011, guidance regarding Presidential photographs.

If you have any Hatch Act related questions, OSC's Hatch Act unit is available at 202-254-3650 or Hatchact@osc.gov. 

New OSC Q&A for Federal Employees

On May 6, 2011, in an effort to continue providing Hatch Act advice the Office of Special Counsel posted two new frequently asked questions and answers on its website:

QUESTIONS AND ANSWERS

Will I violate the Hatch Act if I listen to radio programs discussing partisan politics or candidates for partisan political office, or read a book about politics or political candidates while I am in the federal workplace?

Answer:  No. Some federal agencies allow employees to listen to the radio while they are at work. Merely listening to a radio program that is discussing politics while in the federal workplace, without more, is not a Hatch Act violation. Similarly, merely reading a book about politics or political candidates while in the federal workplace, without more, is not a Hatch Act violation. However, employees should make certain that the federal agency where they work does not have any internal policies prohibiting its employees from generally engaging in any of these activities while at work, (i.e., listening to the radio, reading

Is it a Hatch Act violation for a federal agency to have televisions in the federal workplace that are tuned to stations such as Fox News or MSNBC?

Answer:  No. Watching, or allowing the broadcast of, stations such as Fox News or MSNBC in the federal workplace, without more, does not violate the Hatch Act. Thus, while some federal agencies may have televisions located in lobbies or other public areas within a federal workplace that are tuned to such stations the Hatch Act does not prohibit them from doing so.

See all FAQ at http://www.osc.gov/haFederalfaq.htm

New OSC Guidance on Displaying Presidential Photos in the Federal Workplace

Because President Obama has declared his candidacy for 2012, the Office of Special Counsel issued guidance concerning the display of Presidential photographs in the federal workplace.  OSC advised that those with questions should contact the Hatch Act Unit at 202-254-3650 or Hatchact@osc.gov.

Download 2011-04-05 OSD FAQ Re Presidential photographs and candidacy for reelection

Government Executive's Hatch Act Basics

Government Executive's list of "The Basics" Federal managers need to know includes a section with a pretty good short summary of the Hatch Act and, perhaps more useful, a bibliography of stories from the magazine involving the Hatch Act.

 

 

MSPB Approves Firing for Hatch Act Violation

An OSC press release issued today indicates that the MSPB has upheld the firing of a VA doctor for Hatch Act violations:

Download press release.

OSC seeks removal for Hatch Act violation

On 17 Feb 11, the OSC issued a one-page press release seeking removal of a DOJ attorney for acceptance of partisan political contributions from a subordinate.  See press release at: http://www.osc.gov/documents/press/2011/pr11_04ha.pdf

Hatch Act Report Criticized

Probe, probed: Office of Special Counsel under attack (2/7/11) -- GovExec.com.

A government watchdog office, the Office of Special Counsel, is facing a deluge of questions from Capitol Hill Republicans over the legitimacy of a recent report that claims Bush administration officials systematically violated laws against political activity on the job. And now the OSC faces a House committee investigation of its investigation.

OSC Raps Obama Administration Lack of Precautions

The Washington Post has an interesting follow-up story to the Office of Special Counsel report finding a pattern of serious Hatch violations during the Bush Administration:

The conclusion by the principal Hatch Act watchdog that the Obama administration has not learned the right lessons from Bush-era misconduct was a hidden subtext in the 112-page report issued Monday, three years after many of the allegations against Bush surfaced.

White House spokesman Reid Cherlin responded Tuesday that "from the beginning of the administration, agencies have been consulting with OSC to make sure they comply with the Hatch Act." Obama also decided this month to move the White House political office - the institution responsible for abuses during the Bush years - out of Washington and base it in Chicago, the location of his campaign headquarters for 2012.

OSC found Bush Administration Officials violated the Hatch Act

OSC's report found the Office of Political Affairs acted more like a campaign office than an advisory office for the President, when it conducted political briefings for agency political appointees during work hours and in the Federal workplace.  OSC's investigation expanded to review other Hatch Act violations including improper classification of political travel as "official" and failure to seek reimbursement from political appointees for this political travel.  See OSC report http://www.osc.gov/documents/hatchact/STF%20Report%20Final.pdf

See also GovExec article http://blogs.govexec.com/fedblog/ and Politico article http://dyn.politico.com/printstory.cfm?uuid=601ACD52-7F25-4233-9CEB-78676900A53E.

Hatch Act Press Release

A two page Office of Special Counsel Hatch Act press release is available.

Warning: Feds Beware of Political Activity

As the political season heats up, Government Executive has its own take on the Hatch Act, including this warning:

"Ignorance of the law is no defense," said OSC's Sheth. Federal employees should call OSC at 800-872-9855 for advice if they have questions about potentially prohibited activity, he said.

Hatch Act Reminders

Ana Galindo-Marrone of the Office of Special Counsel extended her efforts to improve awareness of the Hatch Act into an interview in today's Washington Post.

A recent Ed O'Keefe Federal Eye column had additional Hatch Act guidance.

IEC Presentation Materials - OSC on Hatch Act (Aug 2010)

As promised at today's IEC meeting, here are the materials from the Office of Special Counsel Hatch Act presentation.  Most notably:

• SUBSCRIBE TODAY!  OSC now has a Hatch Act listserve.  You can subscribe by going to listserv.osc.gov (or to skip a couple pages, go to listserv.osc.gov/scripts/wa-osc.exe?SUBED1=HATCHACT&A=1).  Once you submit your email address remember that you must verify your email address to complete subscription.  This will arrive as a confirmation email with a hyperlink.
• OSC updated handouts:
• • Power Point Presentaiton Handout Download OSC Power Point on Hatch Act & Social Media (8-10)
  • Handout on Displaying Photos in the Office Download OSC Can Feds display Presid Photos in office (8-12-10)
  • Updated FAQ Regarding Social Media & the Hatch Act Download OSC FAQ on Social Media (2010-08-10) UPDATED
•  Links to some of the cited OSC cases:

• • Special Counsel v. Pattie Ware: http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=505805&version=507249&application=ACROBAT

  • Special Counsel v. Phillip Mark: http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=520350&version=521812&application=ACROBAT 

  • Special Counsel v. Paula Acconcia: http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=289570&version=289913&application=ACROBAT  

Hatch Act FAQ List Updated

The ever-alert Mark Stone advises that the Office of Special Counsel updated its list of Hatch Act FAQs ("Frequently Asked Questions") on July 19.

OSC issues FAQs re Social Media & the Hatch Act

To address numerous questions concerning how social media impacts adherence to the Hatch Act restrictions on the partisan political activities of Federal employees, the Office of Special Counsel issued frequently asked questions on the subject.  See http://www.osc.gov/documents/hatchact/federal/2010-07-14%20Advisory%20Re%20Social%20Media%20FAQs.PDF

Hatch Act FAQ Updated

The Office of Special Counsel has updated their list of Hatch Act Frequently Asked Questions. Thanks to the ever-helpful Mark Stone for drawing this to our attention. His newsletter is a valuable resource.

Updated July 23, 2010 to correct link to Stone newsletter.

The Separation of Politics and State

Edited June 17 and June 21 to correct typos:

Former White House Counsel Richard Painter's NY Times Op-Ed piece, The Separation of Politics and State suggests that White House job offers for political purposes are not crimes and further are not new with this Administration. He goes on to make some suggestions as to Hatch Act amendments, including: 

[Current] distinctions between official work and personal political work are nonsensical. When White House staff members send a message, everyone knows where they work. When they speak at campaign events, everyone knows who they are. Calling partisan political activity by White House staff “personal” rather than “official” is a legal fiction.

There is also no way of knowing how much time is spent on politics instead of official duties because time records for senior political employees are not required. Little is known, for example, about how many trips are taken by the staff of the political affairs office and who pays for them.

Then there are the conflicts of interest that inevitably and frequently arise. Suggestions made to government employees by candidates, contributors and political operatives can easily influence White House policy, whether it be political concerns about a United States attorney or a Senate candidate who is getting in the way. But what is best for a political party does not often reflect what is best for the country — and what is best for the country should be the top priority of full-time federal employees.

Congress should amend the Hatch Act, or the president should issue an executive order, to prohibit all White House staff members from participating in partisan political activity in any capacity during the relatively short time they serve in government. (The act already imposes similar restrictions on federal employees in intelligence and some areas of law enforcement.)

Lawmaker Requests Hatch Act Probe

From GovExec.com:

The House Oversight and Government Reform Committee's ranking member has called on the Office of Special Counsel to investigate two senior White House officials for allegedly violating a federal law prohibiting government officials from interfering with elections. ...

"Averting divisive primary campaigns and protecting a Democratic seat in the U.S. House of Representatives are purely political concerns and as such, federal officials are prohibited from using their official authority or influence to address them," Issa wrote in a June 8 letter to Reukauf. "Essentially, Rahm Emanuel was leveraging the power and access of his official position to advance the political interests of the Democratic Party by affecting the results of the Pennsylvania Democratic primary. This is precisely the sort of behavior forbidden by the Hatch Act."

The Army Lawyer Archives

The Army Lawyer magazine covers not just military law, but ethics, fiscal law and administrative law topics likely to be of interest to civilian as well as military lawyers. Free searchable archives are available through:

1. The Army's JAGCNet site and
2. The Library of Congress

Federal Dispute Resolution Conference

Some programs at the August 9-12 Federal Dispute Resolution conference in Atlanta may be of interest to ethics advisors, including the following:

Hatch Act, Technology and the 2010 Elections

Ana Galindo-Marrone, Chief, Hatch Act Unit, Office of Special Counsel

HLE6 : Tuesday, Aug. 10 • 3:30 - 5 p.m.

The 2008 elections led to a spike in Hatch Act claims. With the midterm elections around the corner, it's important that you know what you can do to ensure that you, or one of your employees, do not violate the Hatch Act. Ms. Galindo-Marrone will provide specific guidance on how to ensure Hatch Act compliance in this age of e-mail, Facebook, Twitter and other social networking outlets.