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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 SEEKS DISCIPLINARY ACTION AGAINST
TWO FEDERAL EMPLOYEES FOR VIOLATING THE HATCH ACT
FOR IMMEDIATE RELEASE - 9/8/05
CONTACT: CATHY DEEDS, 202-254-3607,
cdeeds@osc.gov
The U.S. Office of Special Counsel (OSC) has
filed two complaints for disciplinary action against federal employees for
violation of the Hatch Act. The OSC filed the complaints with the Merit Systems
Protection Board (MSBP) in August 2005.
One complaint against U.S. Department of
Agriculture (USDA) employee Dr. Nayland Collier alleges that as Chairman of the
Committee to Re-Elect Lewis C. Hoggard III for Commissioner of Bertie County,
North Carolina, he was identified as the sender of a letter that was sent to
approximately 144 people seeking political contributions for the candidate,
either by attending a reception or sending a check in an enclosed envelope. Dr.
Collier was aware of and agreed to the contents of the letter, although the
Committee to Re-elect Lewis Hoggard III sent the letter. This was in violation
of the Hatch Act prohibition on soliciting, accepting or receiving political
contributions in support of Mr. Hoggard’s partisan candidacy. Dr. Collier is
employed as a Supervisory Veterinary Medical Officer by the Food and Safety and
Inspection Service, USDA.
Another complaint alleges that U.S. Department of
the Navy civilian employee Rocky Morrill sent an e-mail message while on duty
titled, “Halloween party for Tim Holden,” a U.S. Representative seeking
reelection to the 17th Congressional district, Pennsylvania, to more than 300
Naval Inventory Control Point employees and other individuals. The message
contained an invitation attachment and encouraged people to attend the party and
“meet Tim Holden.” This was in violation of the Hatch Act prohibitions against
engaging in political activity while on duty and while in any government room or
building. Mr. Morrill is a civilian employee with the U.S. Department of the
Navy at the Naval Inventory Control Point in Mechanicsburg, Pennsylvania.
Special Counsel Scott J. Bloch said, “We will continue
to prosecute this important law when partisanship is injected improperly into
the federal workplace.”
The Hatch Act prohibits federal executive branch
employees knowingly soliciting, accepting, or receiving a political contribution
from any person, except in limited circumstances. It also prohibits federal
executive branch employees from engaging in political activity while on duty, in
any room or building occupied in the discharge of official duties by an
individual employed or holding office in the U.S. government, while wearing a
uniform or official insignia identifying the office or position of the employee,
or using any vehicle owned or leased by the government. Political activity has
been defined as activity directed toward the success or failure of a political
party, candidate for a partisan political office or partisan political group.
The OSC provides advisory opinions on the Hatch Act and
also enforces the provisions of the Act by filing petitions for disciplinary
action. Employees who are charged with violations are entitled to a hearing
before the MSPB. Under the Act, the presumptive penalty for a violation is
removal from federal employment. However, upon a unanimous vote of its members,
the MSPB can mitigate the penalty to no less than a 30-day suspension without
pay. Employees have the right to appeal the MSPB’s decision to the United States
Court of Appeals for the Federal Circuit.
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The U.S. Office of Special Counsel (OSC) is an independent
investigative and prosecutorial agency and operates as a secure channel for
disclosures of whistleblower complaints. Its primary mission is to safeguard
the merit system in federal employment by protecting federal employees and
applicants from prohibited personnel practices, especially retaliation for
whistleblowing. OSC also has jurisdiction over the Hatch Act and the
Uniformed Services Employment and Reemployment Rights Act. For more
information please visit our web site at www.osc.gov or call 1-800-872-9855.
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