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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 SEEKS DISCIPLINARY ACTION AGAINST TWO FEDERAL EMPLOYEES FOR SENDING
PROHIBITED POLITICAL E-MAIL MESSAGES WHILE ON DUTY
FOR IMMEDIATE RELEASE - 9/8/04
CONTACT: CATHY DEEDS
(202) 254-3600, cdeeds@osc.gov
The U.S. Office of Special Counsel
(OSC) has filed two similar complaints for disciplinary action against
Federal employees for sending politically partisan electronic mail messages
while on duty, in violation of the Hatch Act. The OSC filed the complaints
with the Merit Systems Protection Board (MSBP) on August 12, 2004.
One complaint against U.S. Environmental Protection
Agency (EPA) employee Maureen Taylor-Glaze, alleges that she sent an e-mail
message to about 15 of her EPA coworkers while she was on duty and in her
Federal office building. The message contained a widely-circulated picture
purportedly to be actress Jane Fonda and John Kerry speaking at an anti-war
rally. Under the picture were numerous negative statements about
Presidential candidate John Kerry, and the statement, “Please keep this
going. We do not need this man as our President.”
A similar complaint alleges that U.S. Air Force
civilian employee Donald Thompson sent an e-mail message titled, “George W”,
to more than 70 recipients while he was on duty. The message contained a
document mimicking President Bush’s resume and is filled with allegations of
incompetence and malfeasance specifically directed at President Bush’s
defeat in the upcoming election. It also contains the phrases, “Please
consider me when voting in 2004” and “Please send this to every voter you
know.”
Special Counsel Scott Bloch said, “The use of Internet
and electronic mail is second-nature to almost everyone, and has become a
favorite and effective campaign tool, even more so perhaps, than four years
ago. I want to remind Federal employees to be vigilant about following the
Hatch Act, because we will consider this activity a form of electronic
leafleting, and thus a violation of the prohibition on partisan political
activity in the workplace.”
The Hatch Act prohibits Federal executive branch employees
from engaging 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 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.
***
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.
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