July 19, 2000
xxxxx
xxxxx
xxxxx,
AL
xxxxx
July 19, 2000
Re: OSC File No. AD-00-0112
Dear Mr. xxxxx:
This letter is in response to your request for an advisory opinion
concerning the Hatch Act. Specifically,
you seek an opinion as to whether the Hatch Act prohibits you from running
as the Republican candidate for
xxxxx
County
Commission, District 1. We
understand that you are a Disaster Reserve Specialist for the Small Business
Administration.
The Hatch Act Reform Amendments of 1993 (5 U.S.C. ยงยง 7321-7326)
prohibit a covered employee from being a candidate for public office in a
partisan election, i.e., an election in which any candidate represents, for
examples, the Democratic or Republican party.
Temporary, part-time and regularly scheduled employees are covered by
the provisions of the Act. However,
employees who work an irregular schedule are not prohibited from running for
public office in a partisan election.
According to information received from the Small Business
Administration, you are an intermittent employee currently in a non-pay
status. Further, as a Disaster
Reserve Specialist, you are only called to duty when there is a disaster and
a need for your services. Accordingly,
for Hatch Act purposes, you are an employee with an irregular schedule who
is subject to the Hatch Act restrictions only while on duty.
Therefore, as long as you do not campaign for the office of
xxxxx
County
Commissioner while on duty, your candidacy does not violate the Hatch Act.
For your information, I am
enclosing our publication, Political
Activity and the Federal Employee. Please
call me at (800) 854-2824 if you have any further questions.
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Sincerely,
___/s/____________________
Amber A. Bell
Attorney
Hatch Act Unit
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