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 U.S. Office of Special Counsel
 1730 M Street, N.W., Suite 201
 Washington, D.C. 20036-4505

U.S. OFFICE OF SPECIAL COUNSEL REACHES DISCIPLINARY ACTION SETTLEMENT IN HATCH ACT CASE INVOLVING A DIRECTOR OF A MUNICIPAL AGENCY


FOR IMMEDIATE RELEASE - 8/18/03
CONTACT: TRAVIS Q. ELLIOTT
(202) 653-0003               

    Today, the U.S. Office of Special Counsel (OSC) announced that it had reached a voluntary settlement agreement with the Director of a city municipality in Pennsylvania who allegedly violated the Hatch Act. Under the terms of the Agreement, the Director will serve a thirty (30) day suspension without pay, and OSC has agreed to close its file in the matter and not seek disciplinary action against the subject official from the Merit Systems Protection Board (MSPB). 

   OSC investigated a complaint that the Director sent an e-mail message from her office while on duty, to eleven of her subordinate management staff, soliciting volunteers for a political campaign. The e-mail message was sent one week before the city primary elections. The e-mail message is quoted as follows: 

Hear ye, hear ye, its time to pay our dues to the boss. The campaign is requesting management volunteers to work the phone bank this Thursday or Friday from 600pm [sic] to 8pm and/or to work the polls on Tuesday. Please let me know of your preference for any of the dates and times above and/or in my absence tomorrow, leave your name, home phone and ward number (and the time, date you want to work) in an envelop on my chair. Thanks alot [sic] --- with a little bit of work, we can win!!!!!!!!!

   The Director admits that she violated the Hatch Act, 5 U.S.C. § 1502(a)(1), which prohibits the use of her official authority or influence for the purpose of interfering with or affecting the result of an election. She further admits that she advised city employees of opportunities to volunteer their services for a political purpose in violation of 5 U.S.C. § 1502(a)(2). The Director denies that she knowingly violated the Hatch Act. 

   OSC is an independent investigative and prosecutorial agency. Among other functions, OSC investigates and prosecutes complaints alleging violations of the Hatch Act, and provides advisory opinions on the Act’s requirements.


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