Hatch Act Violations
The Hatch Act is a federal law that prohibits civilian federal government employees of the Executive Branch from engaging in specific political activities such as influencing elections, participating in or managing political campaigns, holding public office, or running for office as a political party member. It was also intended to prohibit civil servants from engaging in partisan political activity and applied significantly to curtail political activities by federal employees and supervisors while on duty.
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In addition, the Hatch Act can also apply to certain state, local or District of Columbia government employees whose principal employment is in connection with an activity financed in whole or in part by federal loans or grants. The Hatch Act was recently amended in legislation as the Hatch Act Modernization Act of 2012 (HAMA), permitting other state and local employees, even if they are otherwise covered by Hatch Act restrictions, to be free under federal law to run for partisan office unless the employee’s salaries are paid for completely by federal loans or grants. The HAMA was signed into law in December 2012.
The Hatch Act is a federal law that prohibits civilian federal government employees of the Executive Branch from engaging in specific political activities such as influencing elections, participating in or managing political campaigns, holding public office, or running for office as a political party member. It was intended to prohibit civil servants from engaging in partisan political activity and applied significantly to curtail political activities by federal employees and supervisors while on duty.
Paul N Jones Law Firm
National Representation across the United States
In addition, the Hatch Act can also apply to particular state, local, or District of Columbia government employees whose principal employment is in connection with an activity financed in whole or in part by federal loans or grants. It was also recently amended in legislation as the Hatch Act Modernization Act of 2012 (HAMA), permitting other state and local employees, even if they are otherwise covered by Hatch Act restrictions, to be accessible under federal law to run for partisan office unless the employee’s salaries are paid for entirely by federal loans or grants. The HAMA was signed into law in December 2012.
Hatch Act Violations
The Office of Special Counsel (OSC) generally investigates violations. If the Hatch Act violation is not egregious enough to warrant prosecution, the OSC may issue a warning letter to the employee involved. If the OSC charges an employee with a Hatch Act violation, the charges are filed with and adjudicated before the Merit Systems Protection Board (MSPB).
Prohibited Political Activities
Prohibited activities in political campaigns or management for most executive branch employees generally include:
- Affecting or influencing election results through the use of their official authority or influence;
- Knowingly receiving, accepting, or soliciting political contributions, with some exceptions;
- Running for office in a partisan election; and
- Knowingly asking others to participate in political activities or discouraging them from doing so.
Executive branch employees should generally refrain from engaging in political activities:
- While on duty,
- In any federal government office or building;
- While in uniform or wearing official insignia;
- While using any federal government-owned or -leased vehicle.
Violation Penalties
The Hatch Act is a very heavy-handed law. It calls for removing federal employees who engage in prohibited political activities. The MSPB, however, can grant a more lenient penalty of at least 30 days suspension without pay if the board unanimously decides removal is too severe.
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Our attorney, Paul N. Jones, works with federal employees in Texas, Washington, D.C., and throughout the nation and can assist them in dismissing OSC charges or reducing the penalties associated with such charges. Call Paul N. Jones to schedule a Free Consultation Today.
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