Over 1,000 Hatch Act Complaints, Zero Discipline: What OSC's Shutdown Messaging Report Means for Feds
The Hatch Act watchdog has decided that no one will be disciplined over last fall's partisan shutdown messaging, even though it received more than 1,000 complaints about messages from the White House and 37 agencies. On Friday, the Office of Special Counsel (OSC) released its report on the shutdown messaging, and the bottom line for federal employees is striking: more than a thousand complaints, and zero discipline.
What the Complaints Were About
During the shutdown, agency website banners blamed congressional Democrats for the lapse in funding. Furloughed Education Department employees reported that their out-of-office messages had been changed to match that messaging.
Why No One Was Disciplined
OSC's report gives several reasons for its decision.
1. Agencies Relied on a 2024 OSC Opinion
Agencies leaned on a 2024 OSC opinion that cleared the Biden administration's Education Secretary over a letter criticizing lawsuits from "Republican elected officials." A Biden-era opinion became a shield for Trump-era messaging.
2. OSC Called the Agencies' Reading "Understandable"
OSC said agencies stretched that 2024 opinion too far, but it called their reading "understandable," especially because agencies could not check with OSC at the time. OSC's own Hatch Act staff was furloughed during the shutdown, so the office that gives Hatch Act advice was not available to give it.
3. OSC Declined to Investigate Further
OSC also said it would not dig into how these messages were created or who was responsible, because doing so "would tax OSC's limited resources and not materially change the outcome."
OSC's Line for Next Time
The report does draw a line for the future. According to OSC, messaging to push pending legislation is not prohibited. But a "derogatory tone and broad dissemination" could signal a goal of influencing future elections, and that is something the Hatch Act prohibits.
Your Rights Under the Hatch Act
Many federal employees have spent entire careers being careful about the Hatch Act. The law protects that care: Title 5, section 7321 recognizes your right to participate in political activity, or to refrain from it. Your out-of-office message should never become anyone's political billboard.
What to Do If It Happens Again
- Take a screenshot of the message, banner, or change.
- Write down the date and where you saw it.
- Report it to the Office of Special Counsel at osc.gov, where the full report is also posted.
Stay Informed
Hatch Act guidance and enforcement priorities can shift quickly, especially around shutdowns and elections. To get plain-English updates on the rules that affect your federal career, sign up for our free newsletter.
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. You can contact Southworth PC at attorneysforfederalemployees.com.