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.

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 agencys 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.

2
The Hatch Act

• Participating in Partisan Politics

3

• 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.

4

                           

• 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.

• Senator Carl Hatch
• Photo from the US. Senate Historical Office.

5

• 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.

6
What Is a Partisan Activity?

• 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.

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.
7
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
  non-partisan.

8
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.

9
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.

10

• 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.

11
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.

12
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.

13
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.

14
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.

15
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.

16
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.

17
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.

18
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).

19
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.

20
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.

21
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.

22
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.

23
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.

24

• 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.

25
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.

26
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.

27
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

28
Scenario 2

1. The employee sent his e-mail just to express his
   personal opinion on political matters, so he
   didnt do anything wrong.
2. The employee violated the Hatch Act because he
   used government time and property for partisan
   political activities.
3. The employee violated the Hatch Act because by
   sending the message to over 300 individuals he
   engaged in electronic leafleting.
4. Both b and c.

29
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.

30
Scenario 3A 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 off-duty 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. 
•  

31
The Correct Answeris 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.)

32
You Selected B. All Others.
33
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.

34
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.

35
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.

36
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.

37

• 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)

38
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.

39
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.

40
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.

41
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.

42
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.

43
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.

44

• 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.

45
Scenario 1

• A GS-13 career federal employees 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. 

46
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.

47
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.

48
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.

49
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

50
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. 

51
The Correct Answeris 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.)

52
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

53
Scenario 4

• Rocky used his e-mail just to express his
  personal opinion on political matters, so he
  didnt 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.

54
The Correct Answeris 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.

55

• For more information on the Hatch Act see
  http//www.osc.gov/hatchact.htm