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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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U.S. OFFICE OF SPECIAL COUNSEL REACHES DISCIPLINARY ACTION SETTLEMENT
AGREEMENT IN HATCH ACT CASE AGAINST DEPARTMENT OF JUSTICE ATTORNEY
FOR IMMEDIATE RELEASE - 3/23/05
CONTACT: CATHY DEEDS, 202-254-3600
cdeeds@osc.gov
WASHINGTON -- The U.S. Office
of Special Counsel (OSC) has reached a voluntary settlement in a Hatch Act
case involving an attorney in the Civil Division of the Department of
Justice (DOJ) in Washington, D.C. Under the terms of the settlement
agreement, the employee will serve a short suspension and the DOJ has agreed
to provide OSC Hatch Act training to employees within the Civil Division.
The employee admitted that he violated the Hatch Act by
co-hosting a political fundraiser in violation of 5 U.S.C. ยง 7323(a)(2),
which prohibits knowingly soliciting, accepting, or receiving political
contributions. Seven invitees attended the fundraiser. The employee
self-reported the violation and denies that he willfully violated the Hatch
Act.
The Hatch Act prohibits most federal employees from
seeking nomination or election to a partisan political office; soliciting,
accepting or receiving political contributions; using their official
authority to interfere with the results of an election; and engaging in
political activity while on duty, among other things. OSC provides advisory
opinions on the Hatch Act and also enforces the provisions of the Act by
filing petitions for disciplinary action.
Federal employees who are charged with violations of
the Act are entitled to a hearing before the Merit Systems Protection Board
(MSPB). Under the Act, the
presumptive penalty for a violation is removal from 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.
***
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. For more
information please visit our web site at www.osc.gov or call 1-800-872-9855.
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