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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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OFFICE OF SPECIAL COUNSEL OBTAINS REMOVAL OF TWO FEDERAL
EMPLOYEES AFTER MERIT SYSTEMS PROTECTION BOARD FINDS HATCH ACT
VIOLATIONS
FOR IMMEDIATE RELEASE CONTACT: Leslie Williamson, 202-254-3659,
lwilliamson@osc.gov
WASHINGTON – Recently two federal employees were ordered removed by the
Merit Systems Protection Board (MSPB) for violating the Hatch Act. The
Office of Special Counsel (OSC) filed complaints for disciplinary action
charging David Briggs and Randell Shafer with violating the Hatch Act by
being candidates for public office in partisan elections. OSC also charged
Mr. Shafer with soliciting and receiving political contributions in
violation of the Hatch Act.
David Briggs, an employee of the Mine Safety and Health Administration (MSHA),
U.S. Department of Labor, was a candidate for Township Supervisor in 2007.
Mr. Briggs won the primary election for Township Trustee before he became a
federal employee and was a candidate in the general election after he became
a federal employee. During Mr. Briggs’ candidacy in the general election,
OSC and MSHA advised him that he was covered by the Hatch Act and that his
candidacy was in violation of the law. Despite these warnings, Mr. Briggs
pursued his candidacy. In finding that Mr. Briggs violated the Hatch Act and
should be removed from employment, the MSPB rejected Mr. Briggs’ argument
that he was permitted to continue his candidacy once he became a federal
employee. The MSPB ruled that the Hatch Act “prohibits an employee from
being a candidate for partisan political office at any time while he is
covered by the Hatch Act, and not just from becoming one while he is a
federal employee.” Thus, Mr. Briggs’ “continued candidacy following his
appointment to his MSHA position falls within a category of actions
prohibited by the Hatch Act.”
Randell Shafer, a civilian employee of the U.S. Department of the Army, was
a candidate for U.S House of Representatives in 2004 and 2006. Mr. Shafer
also solicited and received political contributions for his candidacies
through mailings and his campaign website. Before and during Mr. Shafer’s
candidacies, his employing agency provided employees with information on the
restrictions of the Hatch Act. The MSPB found that Mr. Shafer willfully and
repeatedly violated the Hatch Act and ordered him removed from his position.
Over the last few years, OSC has seen an increase in the number of
fundraising violations involving federal employees. Acting Special Counsel,
William E. Reukauf stated, “fundraising is a serious offense and OSC will
aggressively pursue such cases.”
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OSC is an independent investigative and prosecutorial agency and
operates as a secure channel for disclosures of whistleblower complaints and
abuse of authority. Its primary mission is to safeguard the merit system in
federal employment by protecting federal employees and applicants from
prohibited personnel practices, especially retaliation for whistleblowing.
OSC also has jurisdiction over the Hatch Act. OSC provides advisory opinions
on the Hatch Act, and enforces the provisions of the Act by investigating
allegations of violations and filing petitions for disciplinary action. For
more information please visit our web site at
www.osc.gov or call 1-800-872-9855.
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