OPINON: What to know about Hatch Act
By GREG RINCKEY
(Story from http://www.federaltimes.com/index.php?S=3326409)

As the presidential campaign heats up and primaries are decided, it is time to be especially careful about what you do and say in the federal workplace. Just forwarding an e-mail that advocates a candidate could put you in violation of federal policy and leave you without a job.
 
The Nov. 5 Federal Times included the results of the newspaper’s online poll of federal employees regarding their compliance with the Hatch Act. Fifteen percent of those who responded said they see frequent violations in the workplace. I can’t help but wonder if the majority of these issues come from the fact that most federal employees don’t know the ins and outs of the Hatch Act.
 
Passed in 1939, the Hatch Act governs the political activity of government employees. It is intended to protect federal employees from political pressure from their political bosses or supervisors. An amendment in 1993 eased the rules and federal employees are now permitted to take an active role in political campaigns.
 
The act often raises questions during campaign time, and leaves some gray areas for you to navigate. And it’s not as simple as staying away from politics while on the job.
 
In 2004, NASA was found in violation of the Hatch Act after a presidential campaign appearance by Sen. John Kerry, D-Mass., at Kennedy Space Center, Fla. An investigation by the Office of Special Counsel (OSC) did not find the actual campaign event to be a violation. But OSC found that broadcasting and Web-streaming Kerry’s visit to 2,000 NASA contractors in the Kennedy Space Center community, while on duty and in the federal workplace, did violate the act. In this type of incident, supervisors, especially top-level directors and agency heads, must ensure the proper course of action is taken while using their official capacity.

Just as you may find it difficult to make calls regarding the Hatch Act in your office, it’s equally hard for your staff to identify where the line is drawn in their own political participation.
 
One of the biggest problems with the policy is that many federal employees don’t know where it ends and where it begins. Training is key when it comes to the Hatch Act. Each of your staff members should have an understanding of the policy and the disciplinary procedures for violations. New employees, especially those just entering the federal workplace, should be briefed on the act. Hold workshops to educate and update your office on the policy. Provide the staff with scenarios of political activities they may or may not take part in.
 
Federal employees may:
• Write letters to the editor of their local newspapers that express their personal opinions on a candidate or political issue.
• Make monetary contributions to any candidate, political party, club or organization of their choosing.
• Attend and give speeches or keynote addresses at political fundraisers while off duty.
Federal employees may not:
• Display political posters, bumper stickers or campaign buttons in their offices or in the common areas of a federal building.
• Host fundraisers at their homes or solicit funds at any other fundraisers for partisan candidates.
• Use official authority or influence to interfere with an election by signing letters seeking volunteer services with their official titles.
The best way to avoid penalties is to confirm compliance of the law with OSC before a violation occurs. If you or one of your staff members has a question about whether an activity may be restricted, OSC has a hot line — 1-800-85-HATCH — to provide advisory opinions on whether the Hatch Act applies to the employee, the extent of the restrictions in question, and interpretation of regulations.
Remember, the Hatch Act is there, above all, to protect you. It prevents using a public position for the benefit of the political machine and makes bureaucracy less self-serving.
As the election approaches, awareness of the Hatch Act’s provisions can keep both you and your employees out of trouble. And it’ll make employees think twice before running 100 copies of the campaign rally flier on the office printer.

Greg Rinckey, a former military and federal attorney, is managing partner of Tully, Rinckey and Associates of Albany, N.Y. E-mail your legal questions to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .