As elections near, don't get caught in the Hatch Act

It doesn't matter whether you lean left or right politically, if you're a federal employee, you need to walk the straight and narrow when it comes to your political activities.

The distinction is especially important this year, with a vigorous presidential campaign under way.

Federal employees should consider two important factors when making decisions on the role they want to play in the political process, said Jane McFarland, director of congressional and public affairs for the U.S. Office of Special Counsel: "One is candidacy for partisan elections, and the other is solicitation of funds." The OSC is charged with preventing and prosecuting violations of the Hatch Act, which governs federal employees' political activities.

Amended in 1993, the Hatch Act does allow some participation in political management and political campaigns, but running for office under the banner of a particular political party is strictly forbidden. Raising money for a candidate is also a no-no. Violating the Hatch Act can land federal employees on suspension and even cost them their jobs.

Recent violations of the Hatch Act include an incident in Alabama in which an Army Corps of Engineers employee, Tahir Rizvi, decided to run for the Democratic nomination in a county school board election. Rizvi left a message on his government voice mail telling callers he was out on extended leave because of his election bid, and gave his colleagues cards informing them of his candidacy. Those two activities resulted in the OSC filing a petition asking for disciplinary action against Rizvi.

In March, David Pierce, a Postal Service employee, ran in a local school board election, filing as a candidate for two different parties in an effort to circumvent the rules. He was given a 30-day suspension.

"Mr. Pierce learned the hard way, that filing as both a Democratic and Republican candidate does not negate the Hatch Act's ban on partisan candidacy," said OSC chief Elaine Kaplan.

William Yellowtail, a regional administrator in the Environmental Protection Agency's Denver office, also violated Hatch Act rules and ended up suspended without pay for 100 days. Yellowtail had signed a fundraising letter on behalf of a candidate for a seat in the House of Representatives.

"It was sort of like an endorsement fundraising letter for the campaign and he put his signature on it," McFarland said. "Over and over, the letter said you should cough up some dough, and while it didn't identify him as a federal employee, federal employees are prohibited from doing that."

Remember, if you are a federal worker covered by the Hatch Act, you can:

• Register and vote as you choose.
• Attend political fundraising functions.
• Campaign for or against candidates in partisan elections.

• Be a candidate for public office in partisan elections.
• Solicit or discourage political activity of anyone with business before your agency.
• Engage in political activity while on duty, in a government office, wearing an official uniform or using a government vehicle.