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. - PowerPoint PPT Presentation

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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.

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The following training was created for the Dept. of Health and Human Services (HHS) Office of Inspector General (OIG) by Pamela Langer, Senior Counsel. – PowerPoint PPT presentation

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Title: 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
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