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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 REMOVAL ORDER IN HATCH ACT CASE
FOR IMMEDIATE RELEASE - 11/28/05
CONTACT: CATHY DEEDS, 202-254-3607,
cdeeds@osc.gov
In California, a lawyer for the Small Business
Administration (SBA) has been ordered to be fired from his job due to extensive
use of government resources, including widespread use of email while on
government time, to engage in political activity in furtherance of his position
with a political party.
The U.S. Office of Special Counsel (OSC)
announced that on November 17, an administrative law judge (ALJ) of the U.S.
Merit Systems Protection Board (Board) granted OSC’s petition for disciplinary
action and ordered the removal from federal service of SBA attorney Jeffrey
Eisinger for having engaged in partisan political activity while on duty.
In a 22-page initial decision, ALJ Joseph Gontram
found, among other violations, that over a three-year period Eisinger, an
elected official of the California Green Party, received, read, drafted or sent
more than 100 emails through his government computer that were directed toward
the success of the Green Party. The extensive emails concerned such politically
charged issues as party fundraising opportunities, outreach and recruitment
plans, internal drafts of various party platforms, and the planning of a
state-wide Green Party political convention. The ALJ concluded that “Eisinger’s
political activities at work and in his government office were continual and
significant.”
In his removal decision, the ALJ found that
throughout his illegal activities, Eisinger knew that the Hatch Act prohibited
federal employees from engaging in partisan political activity while at work. He
also found that Eisinger had assured his supervisor – who was aware of his
employee’s off-duty political activism – that he would not entangle the agency
in any ethical or Hatch Act issues, an assurance that proved to be false.
Eisinger had earlier been suspended by SBA for misuse of the government email
system.
Judge Gontram’s order becomes final on December
22, 2005, unless Eisinger petitions the full Board to review his case or unless
the Board reopens the case on its own motion (MSPB Docket Number
CB-1216-05-0011-T-1, November 17, 2005).
Special Counsel Scott J. Bloch stated,
“Technology has wrought many changes in recent years, from horse-drawn carriages
to whistle-stop campaigning to email to internet fundraising. However, it
remains the law that government resources must not be used for political
activities. Whether it’s old-school low-tech or new-school hi-tech, 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
1-800-872-1855.
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