Memorandum For All Department of Justice Non-Career Employees

Office of the Attorney General
Washington, DC 20530

August 8, 2000

MEMORANDUM FOR ALL DEPARTMENT OF JUSTICE NON-CAREER EMPLOYEES
FROM:	THE ATTORNEY GENERAL
SUBJECT:	Restrictions on Political Activities

As employees of the Department of Justice (Department), we have been entrusted with the authority to enforce the laws of the United States, and with the responsibility to do so in a neutral and impartial manner. For the public to retain its confidence that we are adhering to our responsibility, we must ensure that politics–-both in fact and appearance-–does not compromise the integrity of our work.

The purpose of this memorandum is to remind all non-career appointees about Department policy regarding the propriety of engaging in certain political activities, and to set forth the policy and statutory/regulatory rules applicable to non-career appointees. As a matter of Department policy, I previously determined that non-career appointees would be held to the restrictions of the pre-1994 Hatch Act, which prohibits employees from active participation in political management or partisan political campaigns. The specific statutory provisions are summarized at the end of this memorandum. I also imposed additional restrictions that are set forth below, which are more strict than required by statute or regulation, for I believe that the Department should be held to a higher standard to avoid activity that might be considered partisan in nature.

These policy restrictions as well as an outline of statutory requirements are set out below.

Policy Restrictions

Events that may be construed as partisan in nature may be divided into two categories.

	1.	Political Events
		The first category encompasses those functions that are clearly political such as campaign events, political fund-raisers, and conventions, which would never be attended in an official capacity. As a matter of Department policy, all Senate-confirmed Presidential appointees, non-career members of the Senior Executive Service (SES) and Schedule C appointees must obtain approval prior to attending any political event, including a fund-raising or campaign event, or a convention, or to accept a gift of free or discounted attendance at a political event.
		As a matter of Department policy, active participation in these events is prohibited for all non-career appointees. Active participation includes making a speech at a party function, appearing on the program, on the dais or in the receiving line of a political event, or allowing your name to be used in connection with the promotion of the event.
		Although passive participation is not prohibited, it is subject to a prior approval policy. Passive participation includes merely attending a fund-raising or a campaign event. Acceptance of a gift of free or discounted attendance may be approved if it meets one of the exceptions to the gift rules, including gifts based on a personal relationship or outside business relationship unrelated to official status. If you seek approval to attend an event or accept a gift in connection with an event, you must contact the Principal Associate Deputy Attorney General, the Chief of Staff to the Deputy Attorney General, or the Principal Deputy Associate Attorney General (these three officials are hereafter referred to as the "Leadership Designees").
		Of course, any employee may always make an otherwise appropriate donation to the candidate of their choice so long as the fact of the donation is not used in a promotional manner.

	2.	Official Events
		The second category includes official events such as a speech or grant announcement made in a state shortly before a general election, primary or caucus, or an event that may involve an appearance with a candidate for partisan office. We must be especially vigilant to prevent even the appearance that any of our official duties are motivated by improper partisan electoral politics. In determining whether your appearance could be construed as inappropriately partisan, you should consider, among other factors, the identity of the sponsor of the event, the group being addressed, the other participants, the timing of the event, and the subject of any speech to be given. If you have any doubt about whether an appearance may be inappropriate, you should seek approval before agreeing to appear by contacting one of the three Leadership Designees.
		Generally, I do not travel to any state within 30 days of a primary or general election within that state. I urge all Senate-confirmed officials to adopt a similar practice to the greatest extent practicable.
		If asked by a current or former member of the Administration to participate in an official capacity in an event that you believe could be construed as inappropriately partisan, please contact one of the three Leadership Designees for consultation regarding how to proceed.

Statutory Restrictions

The statutory restrictions are set forth in the regulations at 5 CFR 734, which are summarized below. Under the regulations, non-career appointees may not:

	A.	use their official authority or influence to interfere with or affect the result of an election;
	B.	solicit, accept or receive a political contribution; ¹ solicit, accept, or receive uncompensated volunteer services from an individual who is a subordinate; or allow their official titles to be used in connection with fund-raising activities;
	C.	run for nomination or election to public office in a partisan election; ²
	D.	solicit or discourage the political activity of any person who is a participant in any matter before the Department;

Policy Restrictions

In addition, under Department policy, non-career appointees may not:

	E.	engage in political activity (to include wearing political buttons), while on duty, while in a government occupied office or building, while wearing an official uniform or insignia, or while using a government vehicle; however, an employee may put a bumper sticker on a personal vehicle and park it in a government-owned or subsidized parking lot, but may not use the vehicle in the course of official business; and employees may display signs on their lawns and in their residences, and in similar personal circumstances.
	F.	distribute fliers printed by a candidate's campaign committee, a political party or partisan political group;
	G.	serve as an officer of a political party, a member of a national, state, or local committee of a political party, an officer or member of a committee of a partisan political group, or be a candidate for any of these positions;
	H.	organize or reorganize a political party organization or partisan political group;
	I.	serve as a delegate, alternate, or proxy to a political party convention;
	J.	address a convention, caucus, rally, or similar gathering of a political party or partisan political group in support of or in opposition to a candidate for partisan political office or political party office, if such address is done in concert with such a candidate, political party, or partisan political group;
	K.	organize, sell tickets to, promote, or actively participate in fund-raising activity of a candidate for partisan political office or of a political party or partisan political group; active participation includes making a speech at an event, appearing on the program, on the dais or in the receiving line of an event, or allowing your name to be used in connection with the promotion of the event; passive participation, which is allowed, means merely attending a fund-raising or campaign event;
	L.	canvass for votes in support of or in opposition to a candidate for partisan political office or a candidate for political party office, if such canvassing is done in concert with such a candidate, political party, or partisan political group;
	M.	endorse or oppose a candidate for partisan political office or a candidate for political party office in a political advertisement, broadcast, campaign literature, or similar material if such endorsement or opposition is done in concert with such a candidate, political party, or partisan political group;
	N.	initiate or circulate a partisan nominating petition;
	O.	act as recorder, watcher, challenger, or similar officer at polling places in consultation or coordination with a political party, partisan political group, or a candidate for partisan political office;
	P.	drive voters to polling places in consultation or coordination with a political party, partisan political group, or a candidate for partisan political office.

________________

¹The only statutory exception is for soliciting, accepting or receiving a political contribution to a multi-candidate political committee from a fellow member of a federal labor organization or certain other employee organizations, as long as the solicited employee is not a subordinate and the activity does not violate E below.

²In certain designated communities, including the Washington, DC suburbs, an employee may run for office in a local partisan election but only as an independent candidate and may receive, but not solicit, contributions. 5 U.S.C. 7325.

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