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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 Scores Victories in Email Cases
Triple Ruling by Board Will Aid Hatch Act Enforcement
FOR IMMEDIATE RELEASE - 6/14/06
CONTACT: LOREN SMITH, 202-254-3714,
lsmith@osc.gov
WASHINGTON – The agency that enforces the Hatch Act won
key rulings on the impermissible use of government email for partisan political
reasons.
The U.S. Office of Special Counsel scored victories in its enforcement of the
Hatch Act when the Merit Systems Protection Board issued rulings in the matters
of Special Counsel v. Morrill, CB-1216-0027-T-1, and Special Counsel v. Davis
and Sims, CB-1216-05-0012-T-1 and CB-1216-05-0013-T-1, on June 9 and 12, 2006.
On June 9, 2006, the MSPB upheld a sixty-day suspension imposed against Rocky
Morrill, a federal employee found to have violated the Hatch Act by sending an
email while on duty and in a federal building that was directed toward the
success of a candidate for U.S. Representative. In doing so, the MSPB accepted
the Recommended Decision of the Chief Administrative Law Judge who adjudicated
the case. On December 27, 2005, the Judge found that Morrill sent an email with
an attached announcement for a “Halloween party for Tim Holden,” a U.S.
Representative seeking re-election. Morrill sent the email while on duty and in
a federal building to more than 300 co-workers and other individuals. The Judge
found that the message described the candidate in highly favorable terms and
strongly encouraged attendance at the event, and concluded that Morrill’s email
was “obviously … directed toward the success of Mr. Holden’s re-election
campaign.”
On June 12, 2006, the MSPB granted OSC’s petition for review of a different
Administrative Law Judge’s decision in Special Counsel v. Davis and Sims. The
Judge had dismissed two OSC complaints for disciplinary action against federal
employees who sent partisan political emails while they were on duty and/or in a
federal building. The first complaint alleged that Michael Davis sent an email
to about 27 people while he was on duty and in his federal office building. The
email contained a widely-circulated picture of President George W. Bush in front
of an American flag with the statement, “I Vote the Bible.” The text of the
email contained several statements in support of President Bush, a negative
statement about Democratic Presidential candidate John Kerry, and a statement
urging recipients to “Pass along the ‘I Vote the Bible’ button.”
The second complaint alleged that Leslye Sims sent an E-mail to 22 people while
she was on duty and in her federal office building. The subject of the email
was, “Why I am supporting John Kerry for President” and it presented a letter
that purported to be written by John Eisenhower, son of former President
Eisenhower. The email contained several reasons why the reader should vote for
Presidential candidate John Kerry and why the reader should not support the
Republican Party.
In March 2005, the Judge dismissed OSC’s complaints. Although there was no
dispute as to the content of the emails or that they were sent while Davis and
Sims were on duty and in a federal building, the Judge found that these emails
did not constitute prohibited political activity.
OSC petitioned the MSPB for review of the Judge’s decision, arguing that the
emails sent by Davis and Sims encouraging the election or defeat of a partisan
political candidate were indistinguishable from other types of political
activity prohibited by the Hatch Act, such as wearing a political button while
on duty or leafleting in a federal building.
The MSPB unanimously agreed with OSC, finding that the facts OSC alleged, if
proven, could constitute a violation of the Hatch Act’s prohibition against
political activity on duty or in a federal building. The Davis and Sims cases
have been remanded to the Judge for further adjudication.
Special Counsel Scott J. Bloch commented, “New technologies like the internet
have brought many wonders to society, but unfortunately, they often propagate
the same old abuses. Government resources remain government resources, and
federal employees may not use the government’s time and office space to engage
in political activities. These are important rulings by the Board. We will
continue to vigorously prosecute anyone who engages in political activity in the
workplace or on duty, and those using email for this purpose should be
especially aware that this decision subjects them to penalties, including
removal from federal service.”
***
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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