Five Hatch Act Cases, One Ended a Career: What OSC's Settlements Mean Before the Midterms
The Office of Special Counsel announced on September 30 that five federal employees settled Hatch Act cases, with suspensions of three to ten days and one career-ending outcome. With the midterm elections on November 3, those cases show three lines federal employees should not cross.
What OSC Announced
OSC settled five Hatch Act cases and filed an MSPB complaint in a sixth. The settlements included suspensions of three, five, six, and ten days. One VA employee agreed to retire and not seek federal employment for at least four years. The unsettled case involves a Federal Protective Service employee who, according to OSC, suggested to subordinates how to vote while inspecting their vehicles. That case is now before the MSPB.
Line One: Posting About Candidates on Duty
A VA supervisor made partisan posts on Facebook while on duty and accepted a six-day suspension. A State Department employee posted partisan messages on LinkedIn while on duty and accepted three days. The rule, 5 U.S.C. § 7324, bars political activity "while the employee is on duty" or "in any room or building occupied in the discharge of official duties." Your desk is part of that building, and so is your lunch break at your desk.
Line Two: Sharing Anything With a Donate Button
That same VA supervisor reposted a candidate's fundraising message with a "Donate Now" button, which OSC called "an unlawful solicitation." An FBI employee who shared a donation link accepted a five-day suspension. Section 7323 says you may not "knowingly solicit, accept, or receive a political contribution." That applies on duty, off duty, and at all times. Employees of the FBI and other "further restricted" agencies cannot take an active part in a campaign at all, even off duty.
Line Three: Talking Candidates With the People You Supervise
A VA employee discussed candidates and parties with subordinates at work and in a group text, and wore a hat opposing a presidential candidate in the workplace. The settlement: retire and do not seek a federal job for at least four years. In the case still pending, OSC alleges a supervisor suggested to subordinates which candidate to back. Supervisors carry extra exposure because using official authority to affect an election is its own violation.
What the Penalties Can Be
Penalties under 5 U.S.C. § 7326 run from a reprimand to removal and debarment from federal employment for up to five years, with a civil penalty of up to $1,000 possible.
If OSC Contacts You
If OSC ever contacts you about a complaint, you have the right to answer in writing and the right to be represented. Use those rights before you talk. A call to a federal employee lawyer before you respond can protect your options, and you can reach Southworth PC for a free consultation.
Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.