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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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OSC: High Level NASA Hatch Investigations Present
Cautionary Tale
FOR IMMEDIATE RELEASE - 1/29/07 CONTACT: Loren Smith, 202-254-3714,
lsmith@osc.gov
WASHINGTON, DC – U.S. Special Counsel Scott Bloch today announced
that his office has completed its investigation into events surrounding a
2004 presidential campaign appearance by Sen. John Kerry at the NASA Kennedy
Space Center Visitor Complex’s Debus Facility Center in Florida as well as a
2006 awards banquet in Texas involving NASA Administrator Dr. Michael
Griffin’s alleged endorsement of Rep. Tom DeLay.
The U.S. Office of Special Counsel, an independent watchdog agency charged
with enforcing limitations on political activity by federal employees, has
concluded that use of the Debus Center facility for Senator Kerry’s campaign
on July 26, 2004 did not violate the Hatch Act because the Center is not a
building in which federal employees work. However, OSC did find that
broadcasting and Web-streaming this campaign event via NASA Select
channel to 2,000 NASA employees and 13,000 NASA contractors in the KSC
community, while on duty and in the federal workplace, violated the Act.
OSC’s investigation revealed that senior management officials at the KSC
relied on incorrect advice of counsel and then-existing NASA guidelines in
authorizing the broadcasting and web-streaming of the Kerry campaign event
to the KSC community. As a result of OSC’s investigation, NASA has updated
its guidelines so that they are consistent with the protections and
prohibitions of the Hatch Act. In addition, as part of a settlement
agreement, all KSC employees are required to view an OSC training video on
the Hatch Act.
In the matter involving NASA Administrator Dr. Michael Griffin, OSC
investigated allegations that, on March 24, 2006, while appearing in his
official capacity as Administrator of NASA, Dr. Michael Griffin endorsed
former Representative Tom DeLay, then a Congressional candidate in Texas who
was also under indictment for campaign-finance issues. The endorsement
allegedly occurred during Dr. Griffin’s keynote speech at the Rotary Club
National Awards for Space Achievement Banquet in Houston, Texas, which was
near Representative DeLay’s Congressional district. After being introduced
by Representative DeLay, Dr. Griffin stated:
The space program has had no better friends in its entire existence than
Tom DeLay. He’s still with us, and we need to keep him there. There just are
no better people.
Immediately following the event, OSC received inquiries from the press
concerning the propriety of Dr. Griffin endorsing Mr. DeLay in his
Congressional bid. OSC opened an investigation into whether Dr. Griffin
violated the Hatch Act’s prohibition against using one’s official authority
or influence to affect the result of an election. Dr. Griffin denied that he
was endorsing Mr. DeLay or trying to use his official authority to influence
an election and instead asserted that he was only speaking of Mr. DeLay’s
long-standing support for the NASA program. Given the ambiguity of the
statement, the fact that it was widely known that Mr. DeLay’s future in
Congress was unclear and that his race for Congress was close, OSC looked
closely at the circumstances of these statements and similar statements Dr.
Griffin had made in the past.
OSC concluded that as a high-level federal government official, Dr. Griffin
should have exercised better judgment when making his remarks at the banquet
and that, arguably, the remarks he made in his official capacity as NASA
Administrator could have been viewed as an endorsement of Mr. DeLay. OSC has
decided, however, to close its file in the matter. Special Counsel Scott
Bloch has sent a firm warning letter detailing OSC’s concerns to Dr.
Griffin.
“These incidents highlight the types of events that supervisors, especially
top-level directors and agency heads, must anticipate and provide a better
example of proper action while using their official capacity. Engaging in
political activity on the job is prohibited," said Special Counsel Scott
Bloch. "Giving the impression of political coercion is unhealthy in the
government. Everyone needs to abide by these prohibitions, but we expect
high level officials to provide a better example, one that instills greater
public trust in government. The Hatch Act is a critical tool for fighting
improper electioneering or use of official power to influence elections, and
OSC will continue to be vigilant in its mission to educate the workforce,
investigate allegations, and prosecute offenders.”
***
The U.S.
Office of Special Counsel (OSC) 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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