[Federal Register: May 15, 2008 (Volume 73, Number 95)]
[Rules and Regulations]
[Page 28025-28026]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15my08-1]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
[[Page 28025]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 733
RIN 3206-AL32
Political Activity--Federal Employees Residing in Designated
Localities
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: OPM is amending its regulations at 5 CFR part 733 to grant
Federal employees residing in Fauquier County, Virginia, a partial
exemption from the political activity restrictions in the Hatch Act,
and to add Fauquier County to its regulatory list of designated
localities. The amendment reflects OPM's determination that Fauquier
County meets the criteria in the Hatch Act and OPM regulations for a
partial exemption to issue.
DATES: This rule is effective June 16, 2008.
FOR FURTHER INFORMATION CONTACT: Jo-Ann Chabot, Office of the General
Counsel, United States Office of Personnel Management, (202) 606-1700.
SUPPLEMENTARY INFORMATION: The Hatch Act, at 5 U.S.C. 7323(a)(2) and
(3), prohibits Federal employees from becoming candidates for partisan
political office and from soliciting, accepting, or receiving political
contributions. However, 5 U.S.C. 7325, authorizes OPM to prescribe
regulations permitting employees in certain communities to participate
in local elections for partisan political office without regard to the
prohibitions in 5 U.S.C. 7323(a)(2) and (3) only if the requirements
described in section 7325 are met. The first requirement is that the
community or political subdivision must be located in Maryland or
Virginia, and in the immediate vicinity of the District of Columbia.
Alternatively, the majority of the community's registered voters must
be employed by the United States Government. The second requirement is
that OPM must determine that it is in the domestic interest of the
employees to permit that political participation because of special or
unusual circumstances existing in the community or political
subdivision. These statutory requirements are reflected in 5 CFR
733.107(a). Under 5 CFR part 733, the exemption from the prohibitions
in 5 U.S.C. 7323(a)(2) and (3) is a partial exemption because in 5 CFR
733.103-733.106, OPM has established limitations on political
participation by most Federal employees residing in these designated
municipalities and subdivisions.
On July 19, 2007, OPM issued a proposed rule at 72 FR 39582 to add
Fauquier County, Virginia, to this regulatory list of designated
localities at 5 CFR 733.107(c). In its notice of proposed rulemaking,
OPM noted that Fauquier County, Virginia, had fulfilled the statutory
requirements for a partial exemption to issue and proposed the addition
of Fauquier County to the regulatory list of designated localities. 72
FR 39582 (July 19, 2007). OPM also placed a legal notice in The
Fauquier Times Democrat on September 12, 2007.
OPM received only one comment. In this comment, an individual
identifying himself as a resident of Fauquier County stated that he
feared interference every four years from residents who had no long
range plans to stay in the community, or had no understanding of the
ancestral history of the area. This individual also noted that he had
nothing against the potential expertise of the county's Federally
employed residents. He also stated, however, that he was ``sick of
gerrymandering of'' the election process. OPM notes that most Federal
civilian employees are individuals who have made a career of public
service and reside in the same communities for many years. This
individual, moreover, did not submit to OPM any evidence that political
participation of Federal employees in connection with local elections
would result in any ``gerrymandering'' of the election process, and OPM
has not received any such evidence from any other source.
Therefore, OPM is adding Fauquier County to its list of designated
localities at 5 CFR 733.107(c). When this rule becomes effective,
Federally employed residents of Fauquier County will be permitted under
5 CFR 733.103 to participate in the following activities:
(1) Run as independent candidates for election to partisan
political office in elections for local office in the municipality
or political subdivision;
(2) Solicit, accept, or receive a political contribution as, or
on behalf of, an independent candidate for partisan political office
in elections for local office in the municipality or political
subdivision;
(3) Accept or receive a political contribution on behalf of an
individual who is a candidate for local partisan political office
and who represents a political party;
(4) Solicit, accept, or receive uncompensated volunteer services
as an independent candidate, or on behalf of an independent
candidate, for local partisan political office, in connection with
the local elections of the municipality or subdivision; and
(5) Solicit, accept, or receive uncompensated volunteer services
on behalf of an individual who is a candidate for local partisan
political office and who represents a political party.
Under 5 CFR 733.104 of title 5, however, Federally employed residents
of Fauquier may not:
(1) Run as the representative of a political party for local
partisan political office;
(2) Solicit a political contribution on behalf of an individual
who is a candidate for local partisan political office and who
represents a political party;
(3) Knowingly solicit a political contribution from any Federal
employee, except as permitted under 5 U.S.C. 7323(a)(2)(A)-(C).
(4) Accept or receive a political contribution from a
subordinate;
(5) Solicit, accept, or receive uncompensated volunteer services
from a subordinate for any political purpose;
(6) Participate in political activities:
[cir] While they are on duty:
[cir] While they are wearing a uniform, badge, or insignia that
identifies the employing agency or instrumentality or the position
of the employee;
[cir] While they are in any room or building occupied in the
discharge of official duties by an individual employed or holding
office in the Government of the United States or any agency or
instrumentality thereof; or
[cir] While using a Government-owned or leased vehicle or while
using a privately owned vehicle in the discharge of official duties.
Moreover, candidacy for, and service in, a partisan political office
shall not result in neglect of, or interference with, the performance
of the duties of the
[[Page 28026]]
employee or create a conflict, or apparent conflict, of interest.
Sections 733.103 and 733.104 of Title 5, Code of Federal
Regulations, do not apply to individuals, such as career senior
executives and employees of the Federal Bureau of Investigation, who
are employed in the agencies or positions listed in 5 CFR 733.105(a).
These individuals are subject to the more stringent limitations
described in 5 CFR 733.105 and 733.106.
Individuals who require advice concerning specific political
activities, and whether an activity is permitted or prohibited under 5
CFR 733.103-733.106, should contact the United States Office of Special
Counsel at (800) 854-2824 or (202) 254-3650. Requests for Hatch Act
advisory opinions may be made by e-mail to: hatchact@osc.gov.
Fauquier County will be listed after Falls Church, Virginia, and
before Herndon, Virginia, at 5 CFR 733.107(c).
E.O. 12866, Regulatory Review
This regulation has been reviewed by the Office of Management and
Budget in accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the changes
will affect only employees of the Federal Government.
List of Subjects in 5 CFR Part 733
Political activities (Government employees).
Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, the Office of Personnel Management amends 5 CFR Part 733
as follows:
PART 733--POLITICAL ACTIVITY--FEDERAL EMPLOYEES RESIDING IN
DESIGNATED LOCALITIES
0
1. The authority citation for part 733 continues to read as follows:
Authority: 5 U.S.C. 7325; sec. 308 of Pub. L. 104-93, 109 Stat.
961, 966 (Jan. 6, 1996).
0
2. Section 733.107(c) is amended by adding Fauquier County, Virginia,
alphabetically to the list of designated Virginia municipalities and
political subdivisions as set forth below.
Sec. 733.107 Designated localities.
* * * * *
(c) * * *
In Virginia
* * * * *
Fauquier County
* * * * *
[FR Doc. E8-10774 Filed 5-14-08; 8:45 am]
BILLING CODE 6325-48-P