Hatch Act: Who is Covered?

Transcription

1 Frm the fllwing Hatch Act infrmatin are excerpts frm the fllwing surce: U.S. OFFICE OF SPECIAL COUNSEL 1730 M Street N.W., Suite 218, Washingtn D.C April 27, 2012 Abut The Hatch Act - Federal Emplyees Hatch Act: Wh is Cvered? Federal Emplyees All civilian emplyees in the executive branch f the federal gvernment, except the President and the Vice President, are cvered by the prvisins f the Hatch Act. Emplyees f the U. S. Pstal Service and the District f Clumbia, except fr the Mayr f the District f Clumbia, the District f Clumbia s City Cuncil and the District s Recrder f Deeds, are als cvered by the Act. Part-time emplyees are cvered by the Act. Federal and District f Clumbia emplyees subject t the Hatch Act cntinue t be cvered while n annual leave, sick leave, leave withut pay, r furlugh. Hwever, emplyees wh wrk n an ccasinal r irregular basis, r wh are special gvernment emplyees, as defined in title 18 U. S.C. 202(a), are subject t the restrictins nly when they are engaged in gvernment business. Federal emplyees fall within tw categries under the Hatch Act, Further Restricted and Less Restricted. 1. Wh are yu? Further Restricted Emplyees: Certain federal executive branch emplyees are prhibited frm engaging in partisan plitical management r partisan plitical campaigns; hence, these emplyees are Further Restricted under the Hatch Act. Generally, Further Restricted emplyees cnsist f emplyees in intelligence and enfrcement-type agencies (except emplyees appinted by the President, by and with the advice and cnsent f the Senate). Mre specifically,

2 Further Restricted emplyees include emplyees frm the fllwing agencies (r cmpnents) r in the fllwing psitins: Federal Electin Cmmissin Electin Assistance Cmmissin Federal Bureau f Investigatin Secret Service Central Intelligence Agency Natinal Security Cuncil Natinal Security Agency Defense Intelligence Agency Merit Systems Prtectin Bard Office f Special Cunsel Office f Criminal Investigatin f the Internal Revenue Service Office f Investigative Prgrams f the United States Custms Service Office f Law Enfrcement f the Bureau f Alchl, Tbacc, and Firearms Natinal Gespatial-Intelligence Agency Office f the Directr f Natinal Intelligence Criminal Divisin f the Department f Justice Natinal Security Divisin f the Department f Justice; as well as persns emplyed in psitins described under Sectins 3132(a)(4), 5372, 5372 (a), r 5372(b) f Title 5, United States Cde, including: Senir Executive Service [career psitins described at 5 U.S.C (a)(4)] Administrative Law Judges [psitins described at 5 U.S.C. 5372] Cntract Appeals Bard Members [psitins described at 5 U.S.C (a)] Administrative Appeals Judges [psitins described at 5 U.S.C. 5372(b)] Further restricted federal emplyees are prhibited frm taking an active part in partisan plitical management r partisan plitical campaigns. Specifically, these emplyees may nt campaign fr r against candidates r therwise engage in plitical activity in cncert with a plitical party, a candidate fr partisan plitical ffice, r a partisan plitical grup. Such emplyees: May nt be a candidate fr nminatin r electin t public ffice in a partisan electin.

3 May nt take an active part in partisan plitical campaigns. Fr example: May nt campaign fr r against a candidate r slate f candidates. May nt make campaign speeches r engage in ther campaign activities t elect partisan candidates. May nt distribute campaign material in partisan electins. May nt circulate nminating petitins. May nt take an active part in partisan plitical management. Fr example: May nt hld ffice in plitical clubs r parties. May nt rganize r manage plitical rallies r meetings. May nt assist in partisan vter registratin drives. May nt use their fficial authrity r influence t interfere with r affect the result f an electin. Fr example: May nt use their fficial titles r psitins while engaged in plitical activity. May nt invite subrdinate emplyees t plitical events r therwise suggest t subrdinates that they attend plitical events r undertake any partisan plitical activity. May nt slicit, accept r receive a dnatin r cntributin fr a partisan plitical party, candidate fr partisan plitical ffice, r partisan plitical grup. Fr example: May nt hst a plitical fundraiser. May nt invite thers t a plitical fundraiser. May nt cllect cntributins r sell tickets t plitical

4 fundraising functins. May nt engage in plitical activity i.e., activity directed at the success r failure f a plitical party, candidate fr partisan plitical ffice, r partisan plitical grup while the emplyee is n duty, in any federal rm r building, while wearing a unifrm r fficial insignia, r using any federally wned r leased vehicle. Fr example: May nt wear r display partisan plitical buttns, T-shirts, signs, r ther items. May nt make plitical cntributins t a partisan plitical party, candidate fr partisan plitical ffice, r partisan plitical grup. May nt pst a cmment t a blg r a scial media site that advcates fr r against a partisan plitical party, candidate fr partisan plitical ffice, r partisan plitical grup. May nt use any accunt r scial media t distribute, send r frward cntent that advcates fr r against a partisan plitical party, candidate fr partisan plitical ffice, r partisan plitical grup. As discussed, further restricted federal emplyees are prhibited frm taking an active part in partisan plitical management r partisan plitical campaigns. (Click here fr the webpage n further restricted emplyees and prhibited plitical activity). Specifically, these emplyees may nt campaign fr r against candidates r therwise engage in plitical activity in cncert with a plitical party, a candidate fr partisan plitical ffice, r a partisan plitical grup. Hwever, such emplyees, fr example: May register and vte as they chse.

5 May assist in nnpartisan vter registratin drives. May participate in campaigns where nne f the candidates represent a plitical party. May cntribute mney t plitical campaigns, plitical parties, r partisan plitical grups. May attend plitical fundraising functins. May attend plitical rallies and meetings. May jin plitical clubs r parties. May sign nminating petitins. May campaign fr r against referendum questins, cnstitutinal amendments, r municipal rdinances. May be a candidate fr public ffice in a nnpartisan electin. May express pinins abut candidates and issues. If the expressin is plitical activity, hwever i.e., activity directed at the success r failure f a plitical party, candidate fr partisan plitical ffice, r partisan plitical grup then the expressin is nt permitted while the emplyee is n duty, in any federal rm r building, while wearing a unifrm r fficial insignia, r using any federally wned r leased vehicle. 1. Wh are yu? Less Restricted Emplyees: Mst federal executive branch emplyees (except thse listed abve) and all District f Clumbia emplyees are cnsidered Less Restricted under the Hatch Act. These emplyees may take an active part in partisan plitical management r partisan plitical campaigns. The Hatch Act prhibits less restricted federal emplyees frm:

6 May nt use their fficial authrity r influence t interfere with r affect the result f an electin. Fr example: May nt use their fficial titles r psitins while engaged in plitical activity. May nt invite subrdinate emplyees t plitical events r therwise suggest t subrdinates that they attend plitical events r undertake any partisan plitical activity. May nt slicit, accept r receive a dnatin r cntributin fr a partisan plitical party, candidate fr partisan plitical ffice, r partisan plitical grup. Fr example: May nt hst a plitical fundraiser. May nt invite thers t a plitical fundraiser. May nt cllect cntributins r sell tickets t plitical fundraising functins.* May nt be candidates fr public ffice in partisan plitical electins. May nt knwingly slicit r discurage the participatin in any plitical activity f anyne wh has business pending befre their emplying ffice. May nt engage in plitical activity i.e., activity directed at the success r failure f a plitical party, candidate fr partisan plitical ffice, r partisan plitical grup while the emplyee is n duty, in any federal rm r building, while wearing a unifrm r fficial insignia, r using any federally wned r leased vehicle. Fr example: May nt distribute campaign materials r items. May nt display campaign materials r items. May nt perfrm campaign related chres.

7 May nt wear r display partisan plitical buttns, T-shirts, signs, r ther items. May nt make plitical cntributins t a partisan plitical party, candidate fr partisan plitical ffice, r partisan plitical grup. May nt pst a cmment t a blg r a scial media site that advcates fr r against a partisan plitical party, candidate fr partisan plitical ffice, r partisan plitical grup. May nt use any accunt r scial media t distribute, send, r frward cntent that advcates fr r against a partisan plitical party, candidate fr partisan plitical ffice, r partisan plitical grup. * Sliciting, accepting, r receiving such dnatins r cntributins may be dne s lng as the persn being slicited is: 1) a member f the same federal labr rganizatin as defined under sectin 7103(4) f this title r a federal emplyee rganizatin which as f the date f enactment f the Hatch Act Refrm Amendments f 1993 had a multicandidate plitical cmmittee (as defined under sectin 315(a)(4) f the Federal Electin Campaign Act f 1971 (2 U.S.C. 441a(a)(4))); 2) nt a subrdinate emplyee; and 3) the slicitatin is fr a cntributin t the multicandidate plitical cmmittee (as defined under sectin 315(a)(4)f the Federal Electin Campaign Act f 1971 (2 U.S.C. 441a(a)(4))) f such federal labr rganizatin as defined under sectin 7103(4) f this title r a federal emplyee rganizatin which as f the date f the enactment f the Hatch Act Refrm Amendments f 1993 had a multicandidate plitical cmmittee (as defined under sectin 315(a)(4)f the Federal Electin Campaign Act f 1971 (2) U.S.C. 441a(a)(4))). Less restricted federal emplyees may engage in partisan plitical management and campaigns. Such emplyees, fr example: May be candidates fr public ffice in nnpartisan electins. May register and vte as they chse. May assist in vter registratin drives. May cntribute mney t plitical campaigns, plitical parties, r

8 partisan plitical grups. May attend plitical fundraising functins. May attend and be active at plitical rallies and meetings. May jin and be an active member f plitical clubs r parties. May hld ffice in plitical clubs r parties. May sign and circulate nminating petitins. May campaign fr r against referendum questins, cnstitutinal amendments, r municipal rdinances. May campaign fr r against candidates in partisan electins. May make campaign speeches fr candidates in partisan electins. May distribute campaign literature in partisan electins. May vlunteer t wrk n a partisan plitical campaign. May express pinins abut candidates and issues. If the expressin is plitical activity, hwever i.e., activity directed at the success r failure f a plitical party, candidate fr partisan plitical ffice, r partisan plitical grup then the expressin is nt permitted while the emplyee is n duty, in any federal rm r building, while wearing a unifrm r fficial insignia, r using any federally wned r leased vehicle. Hatch Act Vilatins An emplyee wh vilates the Hatch Act shall be remved frm their psitin, and funds apprpriated fr the psitin frm which remved thereafter may nt be used t pay the emplyee r individual. Hwever, if the Merit Systems Prtectin Bard finds by unanimus vte that the vilatin des nt warrant remval, a penalty f nt less than a 30-day suspensin withut pay shall be impsed by directin f the Bard. Fr mre infrmatin r t review the OSC frequently asked questins, please see g t the fllwing link:

9 U.S. OFFICE OF SPECIAL COUNSEL 1730 M Street N.W., Suite 218, Washingtn D.C April 27, 2012 Abut Hatch Act Page 1 f 1 4/27/2012