Transcript 2012 Hot Topics

THE HATCH ACT -
Hot Topics for the 2012
Presidential Election Season
4/8/2015
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FEDERAL HATCH ACT
TWO CATEGORIES OF EMPLOYEES:
Further Restricted
Less Restricted
• Employees of
Intelligence and
Enforcement Type
Agencies (except PAS)
ALL OTHERS
• Employees in certain
positions
(career SES, Admin. Law
Judges, Admin. Appeals
Judges, Members of
Contracts Appeals Boards)
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• GS
• WG
• PAS
• Schedule C
• Noncareer SES
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FEDERAL HATCH ACT DON’Ts
5 U.S.C. § 7324; 5 C.F.R. PART 734, SUBPART C
ALL EMPLOYEES:
MAY NOT ENGAGE IN POLITICAL ACTIVITY WHILE —

ON DUTY

IN A GOVERNMENT OFFICE

WEARING AN OFFICIAL UNIFORM

USING A GOVERNMENT VEHICLE
(exception: some PAS/EOP employees)
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FEDERAL HATCH ACT
5 U.S.C. § 7324; 5 C.F.R. PART 734.101
POLITICAL ACTIVITY MEANS:
AN ACTIVITY DIRECTED TOWARD THE SUCCESS OR FAILURE
OF A —

POLITICAL PARTY

CANDIDATE FOR PARTISAN POLITICAL OFFICE, OR

PARTISAN POLITICAL GROUP
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FEDERAL HATCH ACT
5 U.S.C. § 7324; 5 C.F.R. PART 734.101
Not Prohibited Political Activity (Examples):
1. Displaying items, emailing, posting, or blogging about:
NRA
Affordable Care Act
right-to-life/pro-choice
support or opposition to the war
Buffet tax
pay freeze/increase to retirement contributions
2. Supporting or opposing ballot initiatives or pending legislation
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FEDERAL HATCH ACT
5 U.S.C. § 7324; 5 C.F.R. PART 734.101
Prohibited Political Activity (Issues):
•
•
Buttons, posters and T-shirts
Social media
• Posts
• Tweets
• On-line donations
• E-mails, Blogs
• Screen savers
• Candidate photographs
• Telecommuting
(An employee’s personal vehicle may have a political
bumper sticker.)
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FEDERAL HATCH ACT
5 U.S.C. § 7324; 5 C.F.R. PART 734.101
Political Activity?
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FEDERAL HATCH ACT
5 U.S.C. § 7324; 5 C.F.R. PART 734.101
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FEDERAL HATCH ACT
5 U.S.C. § 7324; 5 C.F.R. PART 734.101
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FEDERAL HATCH ACT
5 U.S.C. § 7323; 5 C.F.R. PART 734
PARTISAN POLITICAL GROUPS?
•
•
•
•
•
Americans Elect
Tea Party
Occupy Wall Street
Super PACs
• Endorse Liberty
• Majority PAC
• Restore our Future
• Priorities USA Action
• Winning our Future
Moveon.org
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FEDERAL HATCH ACT DON’Ts
5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C
ALL EMPLOYEES:
MAY NOT KNOWINGLY SOLICIT OR RECEIVE POLITICAL
CONTRIBUTIONS
•
•
•
•
•
Websites (links to)
Social media/blogs
Fundraising events (including phone banks)
Campaign treasurer
Other issues
A LESS RESTRICTED EMPLOYEE MAY HOST A MEET AND
GREET OR SPEAK AT A FUNDRAISER
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FEDERAL HATCH ACT DON’Ts
5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C
ALL EMPLOYEES:
MAY NOT USE OFFICIAL AUTHORITY OR INFLUENCE TO
INTERFERE WITH OR AFFECT AN ELECTION
•
•
Official title or position
Social media (Facebook, Twitter, website)
•
•
•
•
•
Personal
Official
Agency
Subordinates
Other issues
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FEDERAL HATCH ACT DON’Ts
5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C
ALL EMPLOYEES:
MAY NOT KNOWINGLY SOLICIT OR DISCOURAGE THE
POLITICAL ACTIVITY OF ANYONE WITH BUSINESS
BEFORE THE EMPLOYING OFFICE
•
Actual pending business (permits, licenses, grants,
contracts, enforcement actions, investigations, and audits)
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FEDERAL HATCH ACT DON’Ts:
FURTHER RESTRICTED EMPLOYEES
5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D
FURTHER RESTRICTED EMPLOYEES :
MAY NOT ENGAGE IN PARTISAN POLITICAL CAMPAIGNING AND
POLITICAL MANAGEMENT●
●
●
●
●
●
●
Volunteer for a partisan political campaign
Make campaign speeches
Distribute campaign literature
Organize a political rally, meeting or fundraiser
Hold political party office or be a party delegate
Participate in partisan voter registration drives
Circulate nominating petitions
● KEY: NO ACTIVITY IN CONCERT WITH A POLITICAL PARTY OR
CANDIDATE
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FEDERAL HATCH ACT:
PAS
5 U.S.C. § 7324(b); 5 C.F.R. PART 734, SUBPART E
Unique Issues when Advising Presidential Appointees with
Senate Confirmation (PAS)*
•
•
•
PAS use of subordinates
Travel
Speaking engagements
*PAS satisfying all the criteria in 5 U.S.C. 7324(b)(2), who may engage in
political activity while on duty, provided the costs associated with that
political activity are not paid with U.S. Treasury funds
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FEDERAL HATCH ACT:
EOP / PAS
5 U.S.C. § 7324(b); 5 C.F.R. PART 734, SUBPART E
OFFICIAL EVENTS v. POLITICAL EVENTS
FACTS TO CONSIDER:
•
•
•
•
•
•
the type of event and the reason for holding it
whether candidates (including incumbents seeking reelection) will be
present at the event and what their role will be
the relationship, if any, between the event and official agency business
whether a candidate’s request is one reason for the agency political
appointee to attend the event
whether the event was scheduled prior to a candidate’s involvement or
after
the agency political appointee’s motivation for attending the event
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FEDERAL HATCH ACT:
EOP / PAS
5 U.S.C. § 7324(b); 5 C.F.R. PART 734, SUBPART E
OFFICIAL EVENTS v. POLITICAL EVENTS
FACTS TO CONSIDER (cont.):
•
•
•
•
•
•
•
the frequency of similar types of events during non-election years and
whether agency political appointees participated in such events in those
years
the proximity of the event to the date of the election
who invited the agency political appointee to attend (e.g., congressional
office, campaign staff, OPA, other agency officials, political party)
the parties responsible for planning and organizing the event
whether the event is open or closed to media
remarks made during the event by any person
other event invitees and the audience, i.e., whether party operatives or
donors will be present
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FEDERAL HATCH ACT DON’Ts
5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C
ALL EMPLOYEES:
MAY NOT BE CANDIDATES FOR PUBLIC OFFICE IN A
PARTISAN ELECTION
•
•
•
Nonpartisan Election
Tribal Elections
Designated Localities
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FEDERAL HATCH ACT
5 U.S.C. §§ 7321-7326
HATCH ACT MODERNIZATION ACT OF 2012
H.R. 4152, S. 2170
(introduced; referred to committee)
Sec. 7326. Penalties: An employee or individual who violates
section 7323 or 7324 shall be subject to removal, reduction in
grade, debarment from Federal employment for a period not to
exceed 5 years, suspension, reprimand, or an assessment of a
civil penalty not to exceed $1,000.
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FEDERAL HATCH ACT:
OSC PHONE / E-MAIL CONTACTS
HATCH ACT UNIT:
(800) 85-HATCH
(202) 254-3650
[email protected]
HATCH ACT LISTSERV:
http://listserv.osc.gov
OSC SPEAKERS / OUTREACH:
(202) 254-3650
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