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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: 40-Day Suspension For Hatch Act Violator
Federal Employee in Colorado Promoted Political Candidate to Coworkers
FOR IMMEDIATE RELEASE - 8/28/07 CONTACT: Loren Smith, 202-254-3714,
lsmith@osc.gov
WASHINGTON, DC – A federal employee has been suspended for 40 days
without pay for a violation of the Hatch Act. The employee had distributed a
partisan political email to coworkers encouraging attendance at an event
with a candidate for partisan political office. The suspension is the
outcome of an informal settlement between the employee, the employee’s
agency, and the U. S. Office of Special Counsel (OSC).
An independent watchdog agency, OSC enforces the Hatch
Act, a law that limits political activity by federal employees. The Hatch
Act is designed to protect the Merit System and preserve the nonpartisan
nature of government.
The employee sent a partisan political email to 27 work
colleagues while on duty and in the federal workplace. The email invited
recipients to a party the employee was co-hosting where a candidate for
Colorado Secretary of State would be a special guest. The message described
the candidate in favorable terms, contained a link to the candidate’s
campaign website, and stated that it would be a “treat” to hear the
candidate speak.
After investigating, OSC found that the employee
violated the Hatch Act by engaging in political activity while on duty
and/or in a federal building.
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 is defined as activity
directed toward the success or failure of a political party, candidate for a
partisan political office or partisan political group. Under the Act, the
presumptive penalty for a violation is removal from federal employment.
However, upon a unanimous vote of its members, the Merit Systems Protection
Board can mitigate the penalty to no less than a 30-day suspension without
pay.
The U.S. Special Counsel, Scott Bloch, noted that
workplace communication tools, such as e-mail that make it easier for
employees to communicate, can increase the opportunities for them to violate
the Hatch Act. “Employees need to be aware that punishment for a Hatch Act
violation, could be only a few keystrokes away”
***
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. 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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