Transcript Slide 1

The following training was created for the Dept. of Health
and Human Services (HHS) Office of Inspector General
(OIG) by Pamela Langer, Senior Counsel. The only PAS
appointee in HHS OIG is the IG. Therefore only SES
and GS employees took this training. If you have PAS
employees you will need to create slides discussing the
rules that apply to them.
You also need to consider your agency’s policies as they
apply to the Hatch Act and incorporate those policies in
your training. The training was created in Power Point
and then put into html and placed on our internal training
system so employees only took the section applicable to
them. The Power Point can easily be divided if you are
training only SES employees or other non-PAS
employees.
The Hatch Act
Participating in Partisan Politics
In the coming year partisan
political campaigns will be
in full swing. This module
will help define what you, a
federal employee, may or
may not do when
participating in partisan
politics.
Senator Carl Hatch
Photo from the US. Senate
Historical Office.
The Hatch Act, approved by
Congress in 1939, limited the
political activities of federal
employees.
In October 1993, the Hatch Act
Reform Amendments lifted some
of these restrictions, allowing
most federal employees to
participate in most partisan
political activities while off duty.
Nonetheless, please be
aware that you must
scrupulously comply with
the Hatch Act restrictions
because the presumptive
penalty for a knowing
violation is removal and
the minimum penalty is a
30-day suspension
without pay.
What Is a Partisan Activity?
This photo and the following black and white photos
in the Hatch Act Module are from the Library of
Congress, Prints & Photographs Division, FSA-OWI
Collection.
An activity is "partisan" if it's
related to an elected public office
or an election in which:
• Any candidate running is a
representative of a political party,
and
• That political party had a candidate
for President who made it on the
ballot in at least one state and
whose electors received at least
one vote in the last presidential
election.
What Is a Non-partisan Activity?
Any activity not specifically identified with a political party,
such as a constitutional amendment, referendum, approval of
a municipal ordinance, etc., would be considered nonpartisan.
What Non-partisan Activities May
You Participate In?
You may:
• Run in a non-partisan election.
• Serve as an election judge or clerk, or a similar position,
and perform nonpartisan duties as prescribed by state or
local law.
• Participate in the nonpartisan activities of a civic,
community, social, labor, or professional organization.
Hatch Act Restrictions
The Hatch Act addresses three groups of federal
employees with different rules for each. Other than the
Inspector General (who is a Presidential Appointed Senate
Confirmed (PAS) employee) there are two groups that OIG
employees fall into. To learn how the Hatch Act affects
you, click on the letter which best describes you position.
(A) Career Senior Executive Service (SES)
(B) All others
Note: To continue this module, you must click on one of the two options
above.
You selected A: Career Senior Executive Service (SES).
This section explains how the Hatch Act affects you as a
member of this group.
Note: The February 1994 amendments did not alter how the original Hatch
Act governs your group.
As An SES Employee You May Do
The Following :
• Register and vote as you
choose.
• Make a financial
contribution to a partisan
political party or candidate.
• Sign nominating petitions.
• Assist in voter registration
drives with organizations
that are non-partisan, such
as the League of Women
Voters.
As An SES Employees You May Do
The Following :
• Express opinions on
candidates and issues.
• Join political clubs or parties.
• Attend, as a spectator, a
partisan rally, convention or
fundraiser on your own time.
You May NOT:
•
•
•
•
Act as recorder, watcher, challenger,
or similar partisan officer at polling
places.
Drive voters to the polls on behalf of
a political party.
Distribute campaign materials in
partisan elections.
Circulate nominating petitions either
on or off government premises
regarding a partisan matter.
You May NOT:
•
•
•
Officially endorse or oppose a candidate
for public office in a partisan election.
Use official authority or influence for the
purpose of interfering with or affecting
the results of a partisan election.
Solicit votes in support of, or in
opposition to, a candidate for public
office in a partisan election.
You May NOT:
• Serve as an officer of a political
party or political action
committee.
• Take an active part in
organizing or managing a
partisan political campaign or
event (or a rally or meeting).
• Make campaign speeches or
engage in other campaign
activities to elect partisan
candidates.
You May NOT:
Solicit or receive political contributions.
Solicit for fundraisers, accept or receive money on
behalf of a candidate, or have your name appear in any
solicitation letters.
You May NOT:
Place partisan bumper stickers on
government vehicles.
You may have 1 partisan bumper
sticker on your personal vehicle
parked in a government parking lot.
You May NOT:
Bring the following types of items to the
federal workplace: buttons, posters,
coffee mugs, mouse pads , or similar
items with the following messages:
“Vote for _____”
“I support _____”
“Register for _____” (a particular
political party).
You May NOT:
• Wear a uniform or official insignia
identifying your office or position
while participating in political
activities.
• Wear a political badge or button on
government premises.
You May NOT Use
Government Time
or Property To :
• Attend political events during duty hours.
• Use government facilities, equipment or supplies for
political activities.
• Use a government office to hold any meetings with
campaign staff.
• Solicit, accept, or receive uncompensated volunteer
services from a subordinate.
• Solicit or discourage political activity of anyone with
business pending before you.
• Write or assist others in writing political speeches on official
time.
NOTE: While on official travel, you may
attend and participate in a political event
provided you either:
• Accompany a PAS employee (appointed by the
President, with advice and consent of the Senate), to
provide agency required services such as security,
administrative, or technical support, or,
• Go on your own time, such as evenings or weekends.
“GSA Chief Violated Hatch Act”
In May 2007, the Office of Special Counsel found that
General Services Administration chief Lurita Alexis Doan
violated the Hatch Act when she allegedly asked GSA
political appointees during a January briefing how they
could “help our candidates” win the next election.
The U.S. Special Counsel recommended that the
President discipline General Services Administration
chief Lurita Alexis Doan “to the fullest extent.”*
*Because Ms. Doan is a presidential appointee confirmed by the Senate, it is up to
the President to decide her fate. When this training went live, there still had not been
a decision from the White House.
Ban on Internet Use for
Partisan Politics
Do not use the internet for partisan political activities!
“Despite changes in technology, particularly the rise of the
Internet, it remains the law that government resources must
not be used for political activities.” Special Counsel Scott Bloch
Sending partisan E-mail using government equipment,
government time or government e-mail addresses, is
considered to be electronic leafleting. The OSC, which
enforces the Federal Hatch Act, recently meted out lengthy
suspensions without pay to federal employees who used the
internet for political activities.
Note: This is a flat ban. There is no “limited personal use” exception.
Now that you have an
overview, here are three
scenarios to evaluate.
Assume that you are the
Ethics Advisor and an SES
employee has come to you
requesting advice about
political involvement.
Scenario 1
A third-party candidate is hoping to run in the November
election as a write-in candidate for President. A career
SES employee wishes to circulate the candidate's
nominating petition. If you were her Ethics Advisor,
would you advise that:
A. The career SES employee may circulate the petition at
work.
B. She may circulate the petition away from the office.
C. She may not circulate the petition but may sign the
petition.
The Correct Answer
is C.
She may sign the petition off government premises, but
she may not circulate the petition either on or off
government premises.
Scenario 2
A career SES employee in your office sent an e-mail
on duty in a federal building to over 300 individuals
with an attachment announcing a Halloween party for
a U.S. Congressman seeking re-election. The e-mail
described the Congressman in highly favorable terms
and strongly encouraged recipients to attend the
event. What is your assessment? Did the employee
violate the Hatch Act? Please choose one of the
following answers on the next slide:
Scenario 2
a.
b.
c.
d.
The employee sent his e-mail just to express his
personal opinion on political matters, so he didn’t do
anything wrong.
The employee violated the Hatch Act because he used
government time and property for partisan political
activities.
The employee violated the Hatch Act because by
sending the message to over 300 individuals he
engaged in electronic leafleting.
Both b and c.
The Correct Answer
is D.
This scenario is based on an actual case. Rocky Morrill
was found by OSC to have violated the Hatch Act by
sending an e-mail while on duty and in a federal building,
that was directed toward the success of a candidate for
U.S. Representative. Sending a message to 300
individuals was not seen as a “substitute” for
conversation with co-workers where you express your
personal political opinion. The 60 day suspension was
upheld by the MSPB.
Scenario 3
A career SES employee would like to wear a
partisan candidate button on his suit jacket. He
also asks if he may give out free bumper stickers
after work in the government parking lot, when he
is off duty.
If you were his Ethics Advisor, how would you advise?
A. He may wear his button at work but may not hand out free
bumper stickers in the parking lot.
B. He may wear his button at work and may also use his offduty time to hand out the bumper stickers.
C. He may not wear a partisan button at work nor distribute
partisan political materials of any kind in the government
parking lot.
The Correct Answer
is C.
He may not wear a button at work, nor pass out
bumper stickers or campaign literature on
government owned or leased premises. (He may,
however, have one partisan bumper sticker on
his personal car that he parks in the government
parking lot.)
You Selected B. All Others.
You May Engage In The Following
Activities:
• Register and vote as you
choose.
• Assist in voter registration
drives.
• Drive voters to the polls for a
partisan political candidate
or party.
• Express opinions about
candidates and issues.
You May Engage In The Following
Activities In Your Private Capacity:
:
• Attend and speak at political
fundraisers.
• Publicly endorse candidates in
your private capacity.
• Take an active part in managing a
partisan political campaign or
other partisan political activities
off government premises.
You May Engage In The Following
Activities In Your Private Capacity:
• Contribute money to political
organizations.
• Hold office in political clubs.
• Serve as a delegate, alternate, or
proxy at a political convention.
• Set up accounting systems.
You May Not Solicit Or
Receive Political
Contributions.
For example, a federal employee may not solicit for
fundraisers, may not accept or receive money on behalf
of a candidate, or have their name appear in any
solicitation letters.
You are prohibited from bringing the following types of
items to the federal workplace: Pictures, posters, coffee
mugs, mouse pads , etc. with the following messages:
“Vote for _____”
“I support _____”
“Register for _____” (a particular political party)
NOTE: While on official travel, you may
attend a political event, only if you either:
• Accompany a PAS employee (appointed by the
President with advice and consent of the Senate) to
provide agency-required services such as security,
administrative, or technical support, or
• Go on your own time, such as evenings or weekends.
You May NOT:
• Wear a uniform or official insignia
identifying your office or position
while participating in political
activities.
• Wear a political badge or button on
government premises.
You May Not:
• Use government facilities, equipment or supplies for
political activities.
• Attend political events during duty hours.
• Use a government office to hold any meetings with
campaign staff.
• Solicit, accept, or receive uncompensated volunteer
services from a subordinate.
• Solicit or discourage political activity of anyone with
business pending before you.
• Write or assist others in writing political speeches on official
time.
“GSA Chief Violated Hatch Act”
In May 2007, the Office of Special Counsel found that
General Services Administration chief Lurita Alexis Doan
violated the Hatch Act when she allegedly asked GSA
political appointees during a January briefing how they
could “help our candidates” win the next election.
The U.S. Special Counsel recommended that the
President discipline General Services Administration
chief Lurita Alexis Doan "to the fullest extent.“*
*Because Ms. Doan is a presidential appointee confirmed by the Senate, it is up to
the President to decide her fate. When this training went live, there still had not been
a decision from the White House.
You May Not Place
partisan bumper stickers
on government vehicles.
You may have 1 partisan bumper sticker
on your personal vehicle parked in a
government parking lot.
Ban on Internet Use for
Partisan Politics
Do not use the internet for partisan political activities!
“Despite changes in technology, particularly the rise of the
Internet, it remains the law that government resources must
not be used for political activities.” Special Counsel Scott Bloch
Sending partisan E-mail using government equipment,
government time or government e-mail addresses, is
considered to be electronic leafleting. The OSC, which
enforces the Federal Hatch Act, recently meted out lengthy
suspensions without pay to federal employees who used the
internet for political activities.
Note: This is a flat ban. There is no “limited personal use” exception.
Now that you have an
overview, here are four
scenarios to evaluate. Assume
that you are the Ethics Advisor
and a GS employee has come
to you requesting advice about
political involvement.
Scenario 1
A GS-13 career federal employee’s spouse is running for
local office in a partisan election. She (the spouse) wants
to hold a fundraiser.
If you were his Ethics Advisor, would you advise that:
A. As the spouse of the candidate, his name may be on
the invitations, but his title may not be included.
B. He may attend, but not use his name or title on the
invitations.
C. He may not participate in any way.
Answer B is Correct.
The fundraiser may be held at his home and he may
attend, but he should not do anything that would give the
impression that he is hosting the fundraiser. His name
and/or title may not be used on the invitations and he may
not accept donations on his wife's behalf, but he may direct
donors to other campaign workers.
Scenario 2
A GS-13 part-time OIG employee
wants to work as an events organizer
on the campaign staff for a
Republican candidate.
If you were her Ethics Advisor, would you advise that:
A. She may be employed and paid by the campaign as
an events organizer.
B. She may be a voluntary events organizer.
C. She may not organize events for the campaign.
D. Both A and B.
D is Correct.
She may be employed by the campaign for pay as an
events organizer, but must engage in these campaign
activities on her own time, away from government premises.
She may also organize events as a volunteer for any
campaign activity on her own time.
She may not solicit contributions at any time.
Scenario 3
A GS-9 employee (career) is very involved in
politics and wants to wear a variety of partisan
candidate buttons on his suit jacket. He asks if he
may give out free bumper stickers after work in
the government parking lot, when he and any
interested individuals are off duty.
Select the correct answer from the choices on the
next slide:
Scenario 3
If you were his Ethics Advisor, would you advise
that:
A. He may wear his buttons at work but may
not hand out free bumper stickers in the parking
lot.
B. He may wear his buttons at work and may
also use his off-duty time to hand out the
bumper stickers.
C. He may not wear partisan buttons at work
nor distribute partisan political materials of any
kind in the government parking lot.
The Correct Answer
is C:
He may not wear a button at work, nor pass out
bumper stickers or campaign literature on
government owned or leased premises. (He may,
however, have one partisan bumper sticker on
his personal car that he parks in the government
parking lot.)
Scenario 4
Rocky, a GS employee, sent an e-mail while on duty in a
federal building to over 300 individuals with an
attachment announcing a Halloween party for a U.S.
Congressman seeking re-election. The e-mail described
the Congressman in highly favorable terms and strongly
encouraged recipients to attend the event. How would
you analyze this? Did Rocky violate the Hatch Act?
Select the correct answer from the choices on the next
slide:
Scenario 4
a.
b.
c.
d.
Rocky used his e-mail just to express his personal
opinion on political matters, so he didn’t do
anything wrong.
Rocky violated the Hatch Act because he used
government time and property for partisan political
activities.
Rocky violated the Hatch Act because by sending
the message to over 300 individuals he engaged in
electronic leafleting.
Both b and c.
The Correct Answer
is D.
This scenario is based on an actual case. Rocky Morrill
was found by OSC to have violated the Hatch Act by
sending an e-mail while on duty and in a federal building
that was directed toward the success of a candidate for
U.S. Representative. Sending a message to 300
individuals was not seen as a “substitute” for
conversation with co-workers where you express your
personal political opinion. The 60 day suspension was
upheld by the MSPB.
For more information on the
Hatch Act see:
http://www.osc.gov/hatchact.htm