By Running for Sheriff, Corps of Engineers Employee Violated Hatch Act

Aspirants seeking a career change are often advised not to quit their day job, but sometimes they are instead fired.

James Murry, an employee of the Army Corps of Engineers was removed from federal service on Wednesday after an administrative judge concluded he violated the Hatch Act by running as an independent candidate in a partisan election for sheriff in Jefferson County, Ark. 

The move was in response to a complaint filed in October 2014 by the Office of Special Counsel, which had warned Murry several times that federal employees may not be candidates in partisan elections—even as independents, the office said in a Thursday statement. The Corps of Engineers had also reminded Murry and other employees regularly that they are covered under the Hatch Act.

Murry, a mechanical operator at a flood relief pumping station, “adamantly continued his campaign for partisan political office despite being advised of the prohibitions of the Hatch Act on multiple occasions [which] may be considered as an aggravating factor regarding the seriousness of the offense,” the judge wrote. Murry also hosted a campaign fund-raiser.

Separately, the Office of Special Counsel negotiated a 112-day suspension without pay for a GS-15 employee of the Federal Emergency Management Agency for hosting a fundraiser for an unsuccessful U.S. Senate candidate in 2012. “The Hatch Act generally allows most federal employees to participate in partisan political campaigns as long as they do so while not on duty or in the workplace,” the office said in its release.

Yet despite being given Hatch Act orientation materials and a warning from his supervisor, the FEMA employee forwarded fund-raising invitations for a state senate candidate and state attorney general candidate, sometimes while on duty. “While at work, the employee also recruited political campaign volunteers, planned political events, and posted several political messages to a party committee’s Facebook page,” the office said. After inviting others and hosting the U.S. Senate candidate, the employee introduced her and encouraged others to make contributions.

“These cases should remind federal employees that the Hatch Act restricts their political activities, particularly while at the workplace and with regard to running for office,” said Special Counsel Carolyn Lerner. “When put on notice that they may be in violation of the law, employees should cease their unlawful activities.”

(Image via Gustavo Frazao/Shutterstock.com)