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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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VA Employee Admits
Violating Hatch Act
Veterans Affairs Employee Engaged in Campaign Activities
At Government Facility in Defiance of Law
FOR IMMEDIATE RELEASE - August 15, 2006
CONTACT: LOREN SMITH, 202-254-3714,
lsmith@osc.gov
WASHINGTON, DC -- The U.S. Office of Special Counsel (OSC) has settled a
complaint for disciplinary action against Eric Foster, a Department of Veterans
Affairs (VA) employee in Columbus, Ohio, for violating the Hatch Act. Mr. Foster
was charged with engaging in political activity while in a government room or
building. OSC also alleged that Mr. Foster engaged in political activity despite
his knowledge of Hatch Act prohibitions. OSC filed the complaint with the Merit
Systems Protection Board (MSPB) on February 14, 2006.
As part of the settlement with OSC, Mr. Foster admitted
that on July 29, 2004, he distributed campaign stickers supporting the candidacy
of Senator John Kerry for President of the United States at the Chalmers P.
Wylie Outpatient Clinic in Columbus, Ohio. Further, Mr. Foster admitted that his
distribution of such materials while in a federal facility is a violation of the
Hatch Act. Finally, Mr. Foster agreed to retire from his position no later than
September 5, 2006.
Special Counsel Scott Bloch said, “This case presents a
cautionary tale. If you engage in political activity on government property or
use government resources for partisan ends, OSC will prosecute.”
The Hatch Act prohibits federal executive branch
employees from engaging in political activity while on duty, in any room or
building used for official duties by an individual employed or holding office in
the U.S. government, while wearing a uniform or official insignia identifying
the office or position of the employee, or using any vehicle owned or leased by
the government. Political activity has been defined as activity directed toward
the success or failure of a political party, candidate for a partisan political
office or partisan political group.
The OSC provides advisory opinions on the Hatch Act and
also enforces the provisions of the Act by filing petitions for disciplinary
action. Employees who are charged with violations are entitled to a hearing
before the MSPB. Under the Act, the presumptive penalty for a violation is
removal from federal employment. However, upon a unanimous vote of its members,
the MSPB can mitigate the penalty to no less than a 30-day suspension without
pay. Employees have the right to appeal the MSPB’s decision to the United States
Court of Appeals for the Federal Circuit.
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The U.S.
Office of Special Counsel (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
and the Uniformed Services Employment and Reemployment Rights Act (USERRA).
For more information please visit our web site at www.osc.gov or call
1-800-872-9855.
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