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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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OSC ISSUES GUIDANCE ABOUT PROHIBITED POLITICAL ACTIVITY AT FEDERAL
AGENCIES
FOR IMMEDIATE RELEASE - 8/25/04
CONTACT: CATHY DEEDS
(202) 254-3600, cdeeds@osc.gov
The U.S. Office of Special Counsel
(OSC) issued guidance recently that reminded Federal agencies about their
rights and responsibilities under portions of the Hatch Act regarding
political activity. The guidance was issued on August 9, 2004. Political
activity is defined as “an activity directed toward the success or failure
of a political party, candidate for partisan political office, or partisan
political group.”
The OSC advisory opinion, issued to Federal agency
ethics and legal offices and posted on OSC’s web site, is in response to
various complaints about requests from candidates to have events in and
around Federal facilities. The guidance addresses activities relating to
Federal, state and local political campaigns of candidates in partisan
elections, including Presidential candidates.
Special Counsel Scott Bloch explained, “During this
busy campaign season, we want Federal employees to be scrupulous about the
restrictions concerning the use of their official position or Federal
property for campaign-related events or activities, under the Hatch Act. The
Federal workplace must be free of undue influence and is no place for
partisan campaign activity.”
While the Hatch Act, 5 U.S.C. §§7321-7326, does
not govern the actions of an individual who is running for partisan elective
office, it does regulate the political activity of Federal executive branch
employees, District of Columbia government employees, as well as state and
local government employees who work in executive agencies that receive
Federal funds.
OSC encourages agencies to carefully review
internal policies on such visits and contact OSC for guidance or specific
questions.
A copy of the advisory follows.
***
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. For more information please visit our web site at
www.osc.gov or call 1-800-872-9855.
Federal Hatch Act Advisory:
Candidate Visits to Federal Agencies
OSC File No. AD-xx-xxxx
August 9, 2004
The Office of Special
Counsel (OSC) recently has received various complaints concerning
the granting of requests from candidates and/or their campaigns to
visit federal agencies. Therefore, OSC, pursuant to 5 U.S.C.
§1212(f), issues this Hatch Act opinion reminding all federal
agencies of the relevant provisions of the Hatch Act governing such
requests. This guidance addresses activities relating to federal,
state and local political campaigns of candidates in partisan
elections, including Presidential candidates.
While the Hatch Act, 5 U.S.C. §§7321-7326, does not
govern the actions of an individual who is running for partisan
elective office, it does regulate the political activity of federal
executive branch employees and District of Columbia government
employees. Although the Act permits most covered employees to
actively participate in partisan political management and partisan
political campaigns, covered employees still are subject to certain
prohibitions related to their participation in partisan activities.
Two such prohibitions relevant to this opinion are that covered
employees may not: 1) use their official authority or influence for
the purpose of affecting the result of an election or 2) engage in
political activity while on duty; 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; while wearing a uniform or other similar
item that identifies the employing agency; or using a government
vehicle. 5 U.S.C. §§7323(a)(1) and 7324. Political activity is
defined as “an activity directed toward the success or failure of a
political party, candidate for partisan political office, or
partisan political group.” 5 C.F.R. §734.101.
Examples of activities prohibited by the preceding
restrictions include the following: authorizing the use of a federal
building or office as described above for campaign activities, such
as town hall meetings, rallies, parades, speeches, fundraisers,
press conferences, “photo ops” or meet and greets; attending or
planning such campaign events while on duty or in a federal building
or office; or distributing campaign literature or wearing
campaign-related items while on duty or in a federal building or
office.
We note that OSC views candidates’ requests to visit
federal facilities that are coordinated by candidates’ campaigns as
presumptively for a campaign purpose and not official business. This
opinion, however, should not be interpreted as prohibiting federal
employees from allowing members of Congress and other elected
officials from visiting federal facilities for an official purpose,
to include receiving briefings, tours, or other official
information. Further, nothing in this opinion is intended to impede
elected officials from appropriately representing their
constituents. Federal agencies should ensure that candidates who
visit their facilities to conduct official business do not engage in
any political campaign or election activity during the visit.
Based upon the preceding, the Hatch Act should be
considered carefully when handling a candidate’s request to visit or
use a federal building. We strongly encourage all federal agencies
receiving such requests to contact OSC prior to granting such a
request. Further, we encourage federal agencies to review their
guidelines concerning such visits to insure that they are consistent
with the Hatch Act and offer our assistance in this matter. For any
additional questions concerning this matter, please contact me at
(202) 254-3650.
Issued by:
/s/
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Ana Galindo-Marrone
Chief, Hatch Act Unit |
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