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U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
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U.S. OFFICE OF SPECIAL COUNSEL WINS DISCIPLINARY RULING IN HATCH
ACT CASE
FOR IMMEDIATE RELEASE - 1/12/06
CONTACT: LOREN SMITH, 202-254-3714,
lsmith@osc.gov
In Pennsylvania, a Navy Department employee has
been recommended to be suspended without pay for 60 days for violating the Hatch
Act, the law that prohibits engaging in political activity while on duty or in a
federal building.
On December 27, 2005, an administrative law judge (ALJ)
for the Merit Systems Protection Board (Board) granted OSC’s petition for
disciplinary action against Rocky Morrill, a civilian employee at the Naval
Inventory Control Point in Mechanicsburg. At issue is Morrill’s use of his
official email account to advance the reelection campaign of a Congressional
candidate.
In a 26-page recommended decision, ALJ Robert A.
Giannasi found that, while on duty and in a federal building, Morrill, at the
time president of an American Federation of Government Employees (AFGE) local,
sent an e-mail with an attached announcement for a “Halloween party for Tim
Holden,” a U.S. Representative seeking reelection. Morrill sent the e-mail to
more than 300 coworkers and other individuals. Giannasi, in finding that this
message described the candidate in highly favorable terms and strongly
encouraged attendance at the event, concluded that the text and the attachment
of Morrill’s e-mail “obviously were directed toward the success of Mr. Holden’s
reelection campaign.”
Giannasi further noted that Morrill was warned at least
twice by his employing agency that his previous communications to union members
on political matters violated the Hatch Act. Giannasi concluded that Morrill was
on notice that the Act prohibited employees from engaging in political activity
while on duty and that Morrill either failed to seek clarification on these
warnings or ignored any advice he may have been given. In recommending a penalty
less than removal, the judge found mitigating the fact that Morrill’s violation
consisted of a single action taken at the request of the parent organization of
his union and the fact that Morrill no longer holds the union office he held at
the time of the violation, which makes it seem unlikely that he will commit a
similar violation in the future.
Because a penalty has been recommended other than
removal, the presumptive penalty for a violation of the Hatch Act, members of
the Board will now consider this case. Unless the Board finds by unanimous vote
that the violation does not warrant removal, removal will be ordered.
Special Counsel Scott J. Bloch stated, “Despite changes
in technology, particularly the rise of the internet, it remains the law that
government resources must not be used for political activities. The Hatch Act
remains an important principle our office is dedicated to enforcing.”
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The U.S.
Office of Special Counsel is an independent investigative and prosecutorial
agency. Among other functions, it investigates and prosecutes complaints
alleging violations of the Hatch Act and provides advisory opinions
regarding the Act’s requirements. For more information about OSC, please
visit our web site at www.osc.gov or call
1-800-872-9855.
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